1) What a Certificate of Employment is—and why it matters

A Certificate of Employment (COE) is a document issued by an employer confirming that a person has been employed by the company. It is commonly required for:

New employment applications
Bank or loan requirements
Visa/immigration documentation
Government transactions
Professional credentialing or background checks

In Philippine labor practice, the COE functions mainly as proof of employment, not as a performance rating or a recommendation letter.

2) The legal basis: COE as a statutory employee right

Under Philippine labor rules, an employer is obligated to issue a COE upon the employee’s request, whether the employee is:

Currently employed, or
Already separated (resigned, terminated, end of contract, etc.)

The obligation exists regardless of the reason for separation.

Key point: The COE is not a “favor.” It is treated as part of an employee’s lawful entitlements tied to employment records and fair labor standards.

3) What information a COE must contain (minimum required)

The legally expected minimum contents are straightforward:

The fact of employment (that the person worked for the employer)
Inclusive dates of employment (start date and end date, or “present” if still employed)
The position(s) held

That’s the core. These details allow third parties to confirm employment without turning the COE into a narrative document.

4) What information a COE may include (only if requested)

Employees sometimes ask that a COE include:

Salary (monthly/annual)
Compensation details (allowances, benefits)
Employment status (regular, probationary, project-based)
Work schedule or department
Company address/contacts for verification

These are commonly provided in practice, but they are not always part of the “minimum required.” Some employers will only add items beyond the minimum if the employee specifically requests them and/or signs a consent for disclosure, especially for salary details.

5) What a COE is NOT

A COE is different from other employment documents:

COE vs. Recommendation letter: A COE confirms employment; a recommendation praises performance/character. An employer can refuse to recommend, but cannot refuse to certify the fact of employment when requested.
COE vs. Clearance: Company clearance processes can exist internally, but these are not a lawful basis to refuse a COE.
COE vs. Quitclaim/waiver: A COE is not conditional upon signing a quitclaim, waiver, or release.
COE vs. Final pay: A COE should not be withheld to force settlement or compliance.

6) Timing: How soon must the employer issue it?

Labor practice expects issuance within a reasonable time after request. “Reasonable” depends on circumstances (e.g., verifying records, authorized signatory availability), but the COE is generally simple and should not take long.

Delays that appear retaliatory, coercive, or intended to block job seeking may be treated as bad faith and can support a complaint.

7) Common unlawful reasons employers give—and why they don’t excuse refusal

Employers sometimes refuse or delay COEs for reasons like:

“You have not cleared.” Clearance is not a lawful reason to refuse a COE.
“You resigned improperly / AWOL.” Even if the separation was contentious, employment still occurred; a COE can still be issued reflecting dates and position.
“You have pending accountabilities.” These can be addressed separately; they do not erase the employer’s record-keeping duty.
“We don’t issue COEs.” Company policy cannot override labor rules.
“You have a case against the company.” Retaliatory refusal can worsen the employer’s exposure.
“We will issue if you sign a quitclaim.” Conditioning issuance on waiver of rights is improper.

8) Situations where employers may limit the contents (not refuse issuance)

While refusal is the core violation, content disputes also happen. Employers may legitimately insist on:

Sticking to objective facts only (dates/position), particularly when there is a dispute.
Declining to state performance evaluations or subjective statements.
Requiring the request in writing to properly document and prevent misuse.
Not including salary unless requested and supported by policy/consent.

But none of these justify outright refusal.

9) Who is entitled: employees, former employees, and the broad coverage

A COE request may come from:

Regular employees
Probationary employees
Fixed-term employees
Project employees
Seasonal employees
Employees who resigned
Employees terminated for cause
End-of-contract workers

So long as an employment relationship existed, a COE request is valid.

10) DOLE remedies: where to go and what processes apply

A. DOLE Single Entry Approach (SEnA): the usual first stop

The most common and practical remedy is filing a request/complaint under the Single Entry Approach (SEnA), a mandatory 30-day conciliation-mediation mechanism designed to resolve labor issues quickly.

What SEnA can do for COE disputes:

Facilitate issuance of the COE promptly
Help agree on COE wording (dates/position; sometimes salary if requested)
Encourage compliance without litigation

This route is fast, accessible, and often effective because COE disputes are typically straightforward.

B. DOLE Regional Office / Field Office assistance

COE issues are typically handled at the DOLE Regional/Field Office level through labor standards enforcement channels and conciliation. They may require the employer to comply with labor standards obligations relating to employee documents.

C. When the dispute escalates to the NLRC

If the refusal is tied to broader claims (e.g., illegal dismissal, nonpayment of wages, damages), the matter may also be raised in the appropriate forum (often the NLRC) as part of a wider labor case.

However, for COE alone, SEnA/DOLE mediation is usually the most efficient remedy.

11) What to file/prepare for a DOLE complaint

Even without complex evidence, documentation helps. Typical items include:

A written request for COE (email, letter, messaging screenshot)
Proof of employment (ID, payslips, contract, company email address, screenshots of HR portal, etc.)
Any response from employer refusing or imposing conditions
Basic personal info and employer details (company name, address, HR contact)

A written trail strengthens the complaint and speeds resolution.

12) Practical approach: the “best practice” request

A clean request is short and factual:

Ask specifically for a COE stating position(s) and inclusive dates.
If needed, add salary information request and the purpose (bank, visa, etc.).
Give a reasonable deadline (e.g., “within 3 working days”), without threats.
Send to HR and copy relevant supervisors, keeping tone professional.

The goal is to make noncompliance unmistakable if you must go to DOLE.

13) Can the employer charge a fee?

COEs are generally treated as part of normal HR documentation and not something to monetize. Charging unreasonable fees can be viewed negatively and may trigger scrutiny. Minimal administrative requirements (like verifying identity or requiring an authorized request) are different from charging for issuance.

14) Can an employer refuse because you still owe money or equipment?

No, not as a basis to refuse the COE. The COE is an employment record confirmation; accountabilities can be settled separately through lawful company procedures. Withholding the COE to force payment or compliance can be viewed as coercive and may backfire legally.

15) Can an employer “punish” you by putting negative remarks in the COE?

A COE is expected to be factual. Injecting unnecessary negative commentary may expose the employer to other liabilities, especially if statements are misleading, malicious, or harmful beyond what is required to certify employment.

If there is a legitimate need to describe the nature of employment (e.g., project-based, fixed-term), that can be stated factually. But performance commentary is generally outside the COE’s purpose.

16) Data privacy considerations: who can request, and how disclosures should be handled

Employers should release COEs to:

The employee, or
A properly authorized representative (with written authorization and ID verification)

If the COE contains additional details like salary, employers commonly require explicit consent or a specific request because salary is sensitive personal information. This does not justify refusal to issue the minimum COE.

17) If the company is closed, unresponsive, or you cannot locate HR

If operations have ceased or HR is unreachable:

Attempt contact through last known email, registered address, or corporate channels.
Keep proof of attempted requests.
Proceed to DOLE SEnA using the company’s last known details.

DOLE mediation may still be attempted, though enforcement can be harder if the business has vanished. Proof of employment becomes especially important in this scenario.

18) If you worked through an agency or contractor

Identify the true employer relationship:

If you were employed by an agency and deployed to a client, the agency typically issues the COE reflecting employment with the agency and assignment details as appropriate.
If you were hired directly by the client company, then the client should issue it.

In mixed arrangements, a COE can still be crafted to reflect accurate facts (employer-of-record, assignment location, dates).

19) Potential legal consequences for employers who refuse

Refusal to issue a COE can lead to:

DOLE orders or directives to comply through mediation/enforcement mechanisms
Administrative exposure under labor standards enforcement
Increased risk in related labor disputes (bad faith, retaliation indicators)
Possible damages claims if refusal causes proven harm (e.g., lost job opportunity), depending on the forum and the specific facts

Even when damages are not pursued, employers often comply once DOLE is involved because the obligation is clear and the remedy is simple.

20) Remedies and outcomes to expect from DOLE action

Common outcomes after filing:

Employer issues COE immediately (often during or after the first conference)
Parties agree on COE language limited to required facts
Employer commits to a timeline and specific signatory
If employer remains noncompliant, the case may be referred for appropriate enforcement/escalation

21) Drafting the COE: typical acceptable format (substance)

A compliant COE typically includes:

Company letterhead
Date of issuance
Employee full name
Position(s) held
Dates of employment
A simple certification clause
Authorized signatory name and title
Company address/contact

The content should be objective and verifiable.

22) Key takeaways

A COE is a legally recognized employee entitlement anchored on the employer’s duty to certify employment facts.
The minimum contents are: employment fact, dates, position.
Clearance, disputes, accountabilities, or quitclaims are not valid reasons to refuse issuance.
The most effective remedy is usually DOLE SEnA, which can compel practical, prompt compliance through conciliation.
Keep a written trail of your request and the employer’s refusal or delay.