Certificate of Employment (COE) Rights in the Philippines: When Employers Can Refuse and Your Remedies

This is a general guide for workers and HR practitioners in the Philippines. It is not a substitute for legal advice on a specific case.

Quick takeaways

You have a right to a COE—whether you are a current or former employee.
Deadline to issue: generally within three (3) days from your request.
A COE is neutral and factual: it states your employment dates, position(s), and—if you ask—may also include compensation.
Employers cannot refuse just because you were terminated for cause, went AWOL, or still have accountabilities.
If an employer won’t issue or unduly delays a COE, you can escalate to DOLE (SEnA/Inspection/Complaint) and, where needed, seek relief at the NLRC and/or damages under the Civil Code.

1) What a COE is—and isn’t

A Certificate of Employment is an employer’s factual confirmation that you worked for them. It typically contains:

Your full name
Your position(s) or nature of work
Start and end dates (or “date hired – present” for current employees)
Compensation only if you request it (commonly needed for bank/visa purposes)

A COE should not include opinions or stigma-laden remarks (e.g., performance ratings, disciplinary history, reasons for separation) unless you explicitly request those details. If a recipient needs more than a COE (e.g., detailed job description, performance attestations), that’s a separate document and not mandatory.

2) Legal bases & policy backbone (plain-English)

Labor standards and DOLE guidance recognize an employee’s right to a COE and direct employers to issue it within three (3) days from request, to current or former employees.
Data Privacy Act (RA 10173): Your salary and other personal data may be included in the COE with your consent. Employers are justified in declining third-party requests without your authority.
E-Commerce Act (RA 8792): E-signed COEs are valid if the recipient accepts e-documents. Physical notarization is optional unless a bank/agency demands it.

3) Timing, format, and fees

When: As soon as requested; three-day rule is the general benchmark.
Format: Printed on letterhead or e-signed PDF. If the COE will be used abroad, some agencies ask for notarization and Apostille (DFA) — check the recipient’s requirements.
Copies & fees: There’s no standard government fee. Many employers issue it free; reasonable charges for extra authenticated copies may be allowed but cannot be used to delay or deny issuance.

4) What employers may legitimately refuse (or limit)

Employers may refuse the request as framed in these narrow situations—though they should still offer a proper, standard COE where possible:

No employer–employee relationship
- If you were an independent contractor, intern without employment status, or hired by an agency (and the agency is the employer of record), the company can refuse. Remedy: Ask the employer of record (e.g., the manpower agency). If you dispute your status, see “Remedies” below.
Request comes from a third party without your consent
- Banks/recruiters must present your written authorization (or you can request the COE yourself). Remedy: Submit a signed authorization or make the request directly.
Scope goes beyond a COE
- Employers may decline to include value judgments (e.g., “good moral character”), reasons for separation, or confidential information not typically part of a COE. Remedy: Ask only for neutral facts (tenure/position/salary). If a recipient insists on extras, request a separate letter (no longer a COE) and expect the employer to decide case-by-case.
Material factual dispute
- If there’s a bona fide dispute about dates, title, or whether you were an employee at all, the employer may hesitate to certify until clarified. Remedy: Offer records (contracts, payslips, ID). If unresolved, see “Remedies.”

Even in these cases, a blanket refusal is risky. The employer should issue what is undisputed (e.g., confirmed tenure) and exclude contested items or add a neutral qualifier.

5) What employers cannot use as a reason to refuse

You were terminated for cause / went AWOL / resigned without notice.
You still have accountabilities (unreturned equipment, unsettled clearance, training bonds, salary advances).
“Company policy” imposes a long waiting period beyond the three-day benchmark.
Demanding a “good conduct” COE before issuing the basic COE.
Retaliation (denying a COE because you filed a complaint or asserted your rights).

6) Practical how-to: get your COE fast

Write a concise request (email is fine): include full name, employee ID, dates, positions, and whether you need “with compensation” and addressee formatting (e.g., “To Whom It May Concern,” or a bank’s name).
Give a reasonable deadline (cite the three-day rule).
Attach your consent if you want salary included or if a third party will receive it directly.
Offer pickup or accept a signed PDF. Many banks now accept e-signed COEs.

Template (copy/paste):

Subject: Request for Certificate of Employment

Dear HR,

I respectfully request a Certificate of Employment stating my full name (___), positions held (___), and employment dates (___ to ___). 
Kindly include my monthly gross compensation as of [date], as I will submit this to [bank/embassy]. You have my consent to disclose this information for this purpose.

Please issue within three (3) days from this request. A signed PDF is acceptable.

Thank you,
[Name]
[Employee ID / Contact]

7) Remedies if the employer refuses or delays

Step 1 – Internal escalation

Email HR, copy your manager. Re-attach your original request and politely cite the three-day issuance rule. Ask for a specific release date.

Step 2 – SEnA (Single-Entry Approach) with DOLE

File a Request for Assistance (RFA) at the DOLE Regional/Field Office with jurisdiction over the employer.
Conciliation-mediation is set; most COE issues resolve quickly at this stage.

Step 3 – DOLE labor standards enforcement

You may lodge a complaint for non-compliance with labor standards. DOLE can issue a compliance order directing the employer to release the COE and, where applicable, address related issues (e.g., late final pay).

Step 4 – NLRC case (if tied to bigger disputes)

If the COE dispute is bound up with illegal dismissal, money claims, or misclassification, include a prayer for the issuance of a COE in your NLRC complaint. Labor tribunals often order employers to issue COEs as ancillary relief when warranted.

Step 5 – Civil damages (when harm is provable)

If a wrongful refusal caused demonstrable loss (e.g., a bank loan or job offer fell through), discuss with counsel the viability of a damages claim under the Civil Code.

Bonus – Data privacy angle

If your employer shares your employment/compensation data with third parties without your consent, you may complain to the National Privacy Commission (NPC).
Conversely, if HR insists on your consent before adding salary to the COE, that is proper under privacy rules.

8) Special notes & edge cases

Agency/contracting setups: Your employer of record (the agency) issues the COE. You may also ask the client for a neutral engagement confirmation letter, but that’s discretionary.
Multiple stints / rehires: You can request either one COE listing all periods or separate COEs per stint.
Government service: Civil servants usually get a Service Record and, when needed, a Certificate of Employment and Compensation (CEC) under Civil Service rules.
Overseas use: If a recipient requires apostille, have the COE notarized by the company’s authorized signatory then processed at the DFA.
Language: English is standard; Filipino is fine if the recipient accepts it.
Digital acceptance: Many banks/embassies accept PDF + e-signature. Ask the recipient early to avoid unnecessary notarization.

9) Employer & HR compliance checklist

Provide a COE within three (3) days of request (current or former employee).
Keep the COE neutral and factual.
Include compensation only with the employee’s consent (or upon the employee’s request).
Do not condition issuance on clearance, accountabilities, or “good standing.”
Allow e-signed COEs unless the recipient insists on wet signatures.
Keep a standard template and a log of requests to ensure consistent, timely compliance.

10) FAQs

Q: Can HR refuse to include my salary? A: They can refuse to disclose salary to third parties without your consent. To you (or at your request), they should include it—COE with Compensation is common.

Q: I was dismissed for cause. Do I still get a COE? A: Yes. Cause does not erase your right to a factual COE.

Q: They say I must finish clearance first. A: Clearance may affect final pay, but not your right to a timely COE.

Q: My employer says I was a contractor, not an employee. A: Ask the employer of record. If you believe you were misclassified, consider SEnA/NLRC to determine the relationship and compel issuance.

Bottom line

In the Philippines, a COE is a basic labor right—fast, neutral, and factual. Employers may limit extraneous content, protect privacy, and decline third-party requests without consent, but they should not deny or delay a standard COE to a worker who asks. If they do, DOLE and the NLRC provide clear remedies.