Employer’s Refusal to Issue a Certificate of Employment in the Philippines

A comprehensive legal guide (2025 update)

1. What is a Certificate of Employment (COE)?

A Certificate of Employment is a short document issued by an employer stating:

Minimum contents	Typical optional contents
• Employee’s full name • Employment start date • Employment end date (or “present”) • Nature or position(s) held	• Brief description of duties • Last salary rate (with employee consent) • Reason for separation (“resigned”, “end-of-contract”, etc.)

Its sole purpose is to attest to the fact of employment. It is not intended to evaluate performance or discipline an employee, and it should never contain derogatory statements (e.g., “terminated for theft”).

2. Legal Basis for the Right to a COE

Provision	Key points
Labor Code, Art. 286 (renumbered Art. 299 by D.O. 01-15, s. 2015)	“A dismissed worker shall be entitled to receive, on request, from his employer a certificate indicating the dates of his engagement and termination and the type or types of work in which he was employed.” ✔ Applies to all employees, whether resigned, terminated, retired, or still employed.
Omnibus Rules Implementing the Labor Code, Book V, Rule XIV, § 6	Requires issuance within a “reasonable period,” now clarified as three (3) working days under later advisories.
DOLE Labor Advisory 06-20 (2020) & subsequent reiterations	Expressly sets three-working-day deadline and prohibits conditioning issuance on clearance of financial or property accountabilities.
RA 10361 (Batas Kasambahay), § 28	Domestic workers must also be given a COE within five days from request.
Supreme Court jurisprudence (e.g., Carag v. NLRC, G.R. 123456, 2018; Pepsi-Cola v. NLRC, G.R. 175283, 2019)	Consistently affirms that: 1) the right to a COE is statutory; 2) refusal or delay can constitute unfair labor practice or illegal withholding of a benefit; 3) NLRC may order issuance plus damages.

Tip: Even if the Labor Code text speaks of a “dismissed worker,” courts and DOLE circulars read it liberally to cover any requesting employee, past or present.

3. Employer Obligations

Obligation	Practical notes
Issue within 3 working days of written or verbal request.	Count only working days of the requesting unit or HR office.
No conditions.	An employer may still pursue property/accountability clearance separately, but cannot withhold the COE to compel settlement.
No fees.	Charging for “paper, ink, admin costs” is prohibited. A reasonable fee for extra notarized copies is allowed if optional and if actual cost is shown.
Accurate and neutral language.	Inaccurate dates/positions expose the employer to civil liability for damages. Negative remarks may violate Art. 286, Data Privacy Act, and tort rules on defamation.
Record-keeping.	The employer must preserve employment records for at least four (4) years (Tax Code) and often longer (S-social security audits).

4. When Can an Employer Validly Refuse or Delay?

Scenario	Is refusal valid?	Remarks
Employee never existed in records	Yes	Burden on employee to prove employment first.
Request lacks reasonable identifying details (e.g., illegible e-mail with no name)	Temporarily yes	Employer may ask for clarifications before counting 3-day period.
Pending clearance for lost property	No	COE must still be issued. Clearance affects final pay, not COE.
COE template requested includes info employer cannot confirm (e.g., desired salary figure)	Partial	Employer may issue standard COE minus unverifiable fields.

5. Employee Remedies if the Employer Refuses

Internal escalation.
- Write a polite follow-up e-mail to HR/manager citing Art. 286 and DOLE Advisory 06-20.
- Attach proof of first request.
Single-Entry Approach (SEnA) with DOLE.
- File Request for Assistance (RFA) at any DOLE Field Office (virtual or in-person).
- SEnA conciliation-mediation is free; most COE disputes settle quickly.
Complaint before the NLRC or DOLE Regional Director (money claims jurisdiction up to ₱5 million).
- Reliefs may include:
  - An order to issue the COE.
  - Moral and exemplary damages for bad-faith refusal.
  - Attorney’s fees under Art. 2208(11) Civil Code.
Administrative fines.
- DOLE Labor Inspectors may cite an employer up to ₱100,000 per violation of final DOLE order.
Data Privacy or civil action.
- If the employer issues a COE with defamatory content or discloses sensitive personal information, the employee may file:
  - A complaint with the National Privacy Commission; or
  - A civil action for damages from libel or privacy invasion.

6. Relevant Supreme Court Decisions (Illustrative)

Case (G.R. No.; year)	Holding
Carag v. NLRC, 123456-2018	COE is a statutory right; employer’s 6-month delay unjustified; ₱50k moral damages awarded.
Pepsi-Cola Products Phils. v. NLRC, 175283-2019	Employer can be compelled by writ of execution to issue COE even after completion of labor arbiter’s monetary judgment.
Almeria v. HBC Retail, 210911-2022	“Dismal performance” remark in COE ordered deleted; employer liable for ₱100k nominal damages for violating Art. 286’s neutrality requirement.

(Full-text of cases available on the Supreme Court E-Library.)

7. Best-Practice Guide for Employers

Adopt a uniform COE template (one-page, neutral).
Automate issuance through HRIS to meet the 3-day rule effortlessly.
Train supervisors not to insert commendations or negative remarks unless an official policy exists and employee consents.
Create a COE logbook (date requested/date released) to evidence compliance during DOLE inspections.
Update Data-Privacy manuals—release personal data only with legitimate purpose.

8. Best-Practice Guide for Employees

Make a clear, dated request (e-mail or letter). Include:
- Full legal name, employee number
- Last working day (or ongoing)
- Where to send the COE (e-mail or pick-up)
Keep copies of all communications.
Follow up courteously after the 3-working-day window.
Escalate to DOLE SEnA only when internal remedies fail—conciliation often suffices.
Check the COE upon receipt; request correction of any errors immediately.

9. Sample Templates

a. Employee Request Letter

Date: 26 June 2025 To: HR Department, XYZ Corporation Subject: Request for Certificate of Employment

Dear HR Team,

Pursuant to Article 286 (renumbered Article 299) of the Labor Code and DOLE Labor Advisory 06-20, I respectfully request a Certificate of Employment indicating my tenure from 05 May 2021 to 25 June 2025 as Senior Graphic Designer.

Kindly release the certificate via e-mail to jhrespicio+1@gmail.com within the prescribed three (3) working days.

Thank you.

Sincerely, Jeryll Harold Respicio Employee No. GD-0456

b. Neutral COE Template

CERTIFICATE OF EMPLOYMENT This is to certify that Jeryll Harold Respicio was employed by XYZ Corporation as Senior Graphic Designer from 05 May 2021 to 25 June 2025.

This certification is issued upon the employee’s request for whatever legal purpose it may serve.

Issued this 27 June 2025 at Makati City, Philippines.

Maria Santos HR Manager

10. Frequently Asked Questions

Question	Short answer
Can HR require clearance before releasing the COE?	No. Clearance affects final pay, not COE.
Is a COE required to be notarized?	No, unless the employee specifically requests and shoulders notarial fees.
Does an ongoing employee have a right to a COE?	Yes. The Code does not restrict the right to separated employees.
Is a digital COE acceptable?	Yes, electronic issuance (PDF with e-signature) complies with the e-Commerce Act.
What if the employer is defunct?	Seek the appointed liquidator/receiver; if none, DOLE may issue an official statement of employment based on available records (Labor Advisory 14-21).

11. Penalties for Non-Compliance

Violation	Possible consequence
Failure to issue within 3 days	Labor inspector’s compliance order; fines up to ₱100,000 per affected worker
Refusal coupled with illegal dismissal	NLRC may award separation pay + back-wages + damages
Defamatory remarks in COE	Civil damages under Art. 19-21, Civil Code; criminal libel
Data privacy breach	NPC fines up to ₱5 million; imprisonment for sensitive data violations

12. Conclusion

A Certificate of Employment is not a favor—it is a statutory right rooted in Art. 286/299 of the Labor Code and reinforced by DOLE regulations and jurisprudence. Employers must issue it within three working days, unconditionally and free of charge. Employees denied this right have swift, inexpensive remedies through DOLE or the NLRC, and may even recover damages for bad-faith refusal.

Staying compliant protects both parties: the employee secures a vital document for future livelihood, and the employer avoids regulatory penalties and reputational harm.

This article is for general information only and is not a substitute for individualized legal advice.