Filing a DOLE Complaint for Non-Issuance of a Certificate of Employment (COE)

Philippine context – a practical, lawyerly walkthrough

What is a Certificate of Employment (COE)?

A Certificate of Employment is an employer-issued document that confirms facts of employment—typically:

employee’s full name,
dates of employment (start/end), and
position(s) held.

By policy, a COE is factual and neutral. It should not include performance ratings, disciplinary remarks, or commentary. Salary may be indicated only if asked for by the employee and when appropriate (e.g., for loan applications); if included, it should be limited to factual amounts.

Key rule: In the Philippines, employers are expected to issue a COE upon the worker’s request, regardless of the reason for separation, and within a short, definite period from request (widely observed as within three [3] working days). This expectation stems from DOLE policy guidance on final pay and COEs.

When is the employer obligated to issue a COE?

At any time upon request by an employee or former employee, whether resigned, terminated, retrenched, retired, project-ended, or probationary who did not pass.
The obligation attaches even if there is a dispute (e.g., a pending case). Issuing a COE does not concede liability; it merely states facts.

Who is not covered? Independent contractors, consultants, or talent on pure service contracts (no employer-employee relationship) are generally not entitled to a COE. They can request a certification of engagement instead.

What counts as non-issuance (a DOLE-worthy issue)?

Total refusal to issue a COE.
Unreasonable delay beyond the standard 3-working-day window from request.
Conditioning issuance on payment of alleged debts, return of tools, or execution of waivers (these may be handled separately; a COE should still be released).
Issuing a “COE” that omits the dates of employment or position—i.e., a document that fails to function as a COE.

Before filing with DOLE: Build your paper trail

Make a clear written request to HR or your supervisor.
- Email is best; otherwise, a signed letter with proof of receipt.
- State exactly what you need (COE with dates/positions; add “with salary” only if needed).
Set a reasonable deadline (e.g., 3 working days from receipt).
Keep evidence:
- copies of your request and follow-ups,
- proof of employment (ID, payslips, contract, appointment letters),
- proof of separation (resignation, clearance, termination notice), and
- any replies or refusals.

Practical tip: Ask for digital release (PDF via email) to avoid delays tied to company pickups or courier scheduling.

Where and how to complain

Route A (most common): DOLE’s Single Entry Approach (SEnA)

SEnA is DOLE’s free, mandatory conciliation-mediation mechanism for workplace disputes. It is designed for quick, informal resolution.

What to file: A Request for Assistance (RFA) citing non-issuance/withholding of COE.
Where to file: The DOLE Field/Provincial/Regional Office that covers the employer’s workplace.
How it proceeds:
1. You file the RFA (in person or, in many regions, electronically).
2. DOLE schedules a conciliation-mediation conference (often within a few days).
3. A SEnA Officer asks both parties to resolve the issue on the spot.
4. If the employer agrees, they may be directed to issue the COE immediately, often the same day or within a fixed short deadline.
Duration: The SEnA period generally runs up to 30 calendar days from the first conference.
Outcome: If the employer complies, the case is settled. If not, the SEnA Officer issues a Referral so you can pursue the proper forum (see below).

Why SEnA first? It is required before formal cases in most labor disputes and is very effective for document-release issues like COEs.

Route B: Labor Standards Compliance / DOLE Inspection & Compliance Orders

If the matter is part of broader labor-standards noncompliance (e.g., final pay delays and COE refusal), DOLE may treat it as a compliance issue. Under its visitorial/enforcement powers, DOLE can direct an employer to comply and can impose administrative sanctions for violations of labor standards and DOLE issuances. For stand-alone COE non-issuance, SEnA is usually the fastest path.

Route C: NLRC / Labor Arbiter (if bundled with other claims)

If your dispute includes illegal dismissal or money claims (e.g., backwages, separation pay), you may file a case with the NLRC after SEnA. Labor Arbiters can order ancillary relief—including the issuance of a COE—along with monetary awards. For COE-only issues, NLRC is rarely necessary; SEnA/DOLE compliance is normally sufficient.

Step-by-step: Filing your SEnA RFA for COE non-issuance

Prepare your file
- Valid ID
- Proof of employment (contract, ID, payslips)
- Proof of separation (resignation or termination letter, clearance if any)
- Your written COE request and proof the employer received it
- Any responses showing refusal or delay
Draft the RFA narrative (keep it factual):
- Who you are, position, and employment dates
- When you requested a COE and how (email/letter)
- That the employer has failed/refused to issue it within 3 working days
- What you want: Immediate issuance of COE (and, if needed, “COE indicating monthly basic salary of ₱____ for loan processing”)
File the RFA at the DOLE office with jurisdiction.
Attend the conference
- Be punctual and bring printed and digital copies.
- If the employer claims conditions (e.g., “no clearance, no COE”), calmly state that a COE is a factual record and is not conditional on clearances or alleged liabilities.
Get the result in writing
- If settled: obtain a copy of the settlement agreement and ask that it specify a date/time for COE release (preferably same day via email).
- If unresolved: request a Referral (to NLRC or appropriate forum) or ask the SEnA Officer if a Compliance directive is appropriate on the labor-standards side.

Costs: SEnA is free. You shoulder your own photocopies and transport.

Timelines to know

COE issuance: Within 3 working days from request (best practice per DOLE policy guidance).
SEnA window: Up to 30 calendar days from first conference.
Final pay (for context): Generally within 30 days from separation. (Final pay delays often travel with COE disputes.)

What if the employer still refuses?

Ask the SEnA Officer to record the refusal and escalate:
- Possible Compliance Order route (labor standards), or
- Referral to NLRC if there are accompanying money claims or dismissal issues.
In some cases, workers pursue civil remedies (to compel issuance or claim damages for loss of opportunity). This is slower and usually unnecessary if DOLE can enforce compliance.

Data Privacy & Sensitive Information

A COE contains personal data. Employers should limit content to facts (name, positions, employment dates).
Salary information should be included only upon your explicit request and for a legitimate purpose (e.g., bank loan).
Employers must not insert negative remarks or confidential disciplinary details; that goes beyond a COE’s purpose.

Special situations & edge cases

Probationary employees who did not qualify: Still entitled to a COE with accurate dates and position.
Project-based or fixed-term employees: Entitled, covering the actual project term and job title.
Resigned without clearance: You can still get a COE; clearance issues relate to property/accountabilities, not to the fact of employment.
Company closure or HR unresponsive: File SEnA against the employer entity and include the last known addresses/emails of officers. DOLE can help locate responsible persons.
OFWs / work abroad: If your employer is a Philippine entity (e.g., local agency) or the worksite was in the Philippines, file with the appropriate DOLE office. If the principal is overseas, coordination with the proper government agency may be needed; DOLE can guide you at SEnA.
Retaliation or threats (“you’ll be blacklisted”): Blacklisting is unlawful. Raise this during SEnA; request the Officer to record and address it.

Model documents (you can copy-paste)

1) COE Request (Email)

Subject: Request for Certificate of Employment

Dear HR Team,

I respectfully request a Certificate of Employment stating my full name, positions held, and dates of employment (from [start date] to [end date]).

[Optional] Please include my [monthly basic salary/total compensation] for the purpose of [loan/visa/etc.].

Grateful if you could send a signed PDF to this email within three (3) working days from receipt.

Thank you.

Sincerely, [Your Name] [Employee No., if any] [Mobile No.]

2) Follow-Up / Demand Reminder

Subject: Follow-Up: COE Request Dated [date]

Dear HR Team,

I’m following up on my COE request dated [date]. As of today, I have not received the COE.

Kindly release the COE within [insert date – 3 working days from now]. Otherwise, I will seek assistance from DOLE to facilitate compliance.

Thank you, [Your Name]

3) SEnA – Request for Assistance (Core Narrative)

Issue: Non-Issuance of Certificate of Employment

Facts: I worked for [Company] as [Position] from [Start] to [End]. On [Date], I requested a COE by [email/letter] (attached). Despite follow-ups on [Dates], the company has not issued the COE beyond the 3-working-day period.

Relief sought: Immediate issuance of a COE stating my full name, positions held, and dates of employment [and salary, if needed], preferably via email upon settlement.

Attachments: Proof of employment, separation, request email(s), follow-ups.

Frequently asked questions

Q: Can HR insist on “no clearance, no COE”? A: They can ask you to complete clearance for property/accountability reconciliation, but COE should not be withheld—it is a factual certification, not a clearance.

Q: Is a COE with just my end date enough? A: No. A proper COE should include both dates (start and end) and your position(s). If any of these facts are missing, ask for correction.

Q: Can my employer add “for cause” or disciplinary infractions in the COE? A: That is inappropriate. COEs should be neutral. You can object and seek DOLE assistance to correct the COE.

Q: Do I need a lawyer for SEnA? A: Not required. Many workers file SEnA on their own. For complex disputes (e.g., illegal dismissal with damages), counsel helps.

Q: How long will this take? A: SEnA aims for quick resolution (often within days; formally up to about a month from first conference). The COE itself should be released within three working days from request.

Practical tips for a smooth process

Be precise in your request; say exactly what fields the COE should contain.
Ask for a signed PDF with a readable signature block (name, title, company address).
Bring identification and soft copies (USB/cloud) to conferences for quick exchange.
Stay professional—conciliation works best when parties keep it calm and factual.
If you land a job offer pending COE, explain the urgency during SEnA; Officers often encourage immediate electronic release.

Bottom line

You have a clear right to a COE that states your employment dates and positions, issued upon request and within three working days.
If the employer refuses or delays, file a SEnA Request for Assistance at the appropriate DOLE office.
DOLE can facilitate and direct compliance; if bundled with other labor disputes, relief can be pursued with NLRC or through DOLE compliance action.

Use the templates above, keep your documents in order, and assert your right courteously but firmly.