Issuance Timing of Certificate of Employment Upon Termination in the Philippines

Overview

A Certificate of Employment (COE) is a neutral document that confirms an employee’s identity, position, and period of employment. In the Philippines, the Department of Labor and Employment (DOLE) requires employers to issue a COE promptly upon the employee’s request, including after separation—whether by resignation, end-of-contract, termination for just or authorized cause, retrenchment, redundancy, closure, or retirement.

This article gathers the practical and legal rules, edge cases, and best practices you need to know—especially the deadline to issue a COE after termination.

What the law and policy require

Trigger: Employee request. The duty to issue a COE arises when the current or former employee asks for it. The obligation applies to all employers and all employees, regardless of rank, tenure, or the manner of separation.
Timing (core rule): Issue the COE within three (3) days from receipt of the request.
- The three-day clock starts when HR (or the designated channel) receives the request.
- This duty does not depend on clearance, return of company property, or final pay. Clearance and COE are separate tracks; the COE must still be issued on time even if clearance is ongoing.
Fees: The COE must be issued free of charge (no processing or “certification” fees).
Format: Paper or electronic issuance is acceptable if signed by an authorized officer. Electronic signatures are generally valid under the E-Commerce Act, and a signed PDF is common practice.
Repeat requests: Former employees may request again months or years later (e.g., for a visa or loan); the employer should still issue within the same three-day period.
Domestic workers (kasambahay): The Kasambahay Law also recognizes the right to a COE upon request.

What a COE should (and should not) contain

Core, neutral facts (recommended minimum):

Employee’s full name and, if available, employee number;
Position(s) held (with dates for each, if promoted);
Employment period (start date and end date);
Employer’s name and address;
Name, title, and signature of the issuing officer; date of issuance; official contact details for verification.

Optional (include only when the employee asks or a third party expressly requires it):

Compensation (basic pay and, if requested, fixed allowances)—ensure figures match payroll records and indicate the as-of date.
Work schedule or employment status (probationary, regular, project-based, seasonal);
Duties (concise summary or job family).

Avoid: Opinions, subjective assessments, disciplinary history, or sensitive personal data not necessary for employment verification. Do not state the cause of termination unless the employee asks for it in writing or a lawful requirement makes it necessary; even then, quote the fact (e.g., “authorized cause—redundancy”) without commentary.

Data privacy note: Stick to data minimization. Release only what is needed to satisfy the stated purpose, and record the basis of disclosure (employee request, third-party form, etc.).

Edge cases and practical scenarios

With pending clearance or unreturned assets: The COE must still be released within three days of request. You may separately pursue asset recovery or set-offs consistent with law; don’t hold the COE hostage.
Project/seasonal/agency workers: They enjoy the same right. If deployed through a contractor, both the contractor (employer of record) and, as a matter of good practice, the principal’s HR may coordinate to ensure timely issuance.
Probationary employees: Same timelines apply—even if employment ended during probation for failure to qualify.
No HR on site / employer closure: Maintain a central email or helpdesk for COE requests and designate an authorized signatory. If the business has ceased operations, the last responsible officers should still issue COEs upon request.
Multiple promotions: Show position history with effective dates; this avoids disputes with banks or embassies.
Salary verification letters: Treat as distinct from the COE. If a bank requests a salary confirmation, obtain the employee’s written consent and issue a separate letter (or add salary details to the COE only if the employee requests it).

Process and timing mechanics (for HR)

Receive the request (email/helpdesk/form/in person).
Log receipt date and time (this starts the 3-day countdown).
Verify identity (government ID or company-known personal email; for representatives, a signed authorization plus IDs).
Prepare the COE using payroll and HRIS records. Resolve any discrepancies without delaying the issuance.
Issue within three (3) days—preferably earlier. Send by:
- Pick-up with wet signature, and/or
- Email with a signed PDF.
Record the date/time of issuance and delivery method. Keep a copy per records-retention policy.

Service levels to adopt internally

Day 0: Acknowledge request and confirm details needed (e.g., if salary should be shown).
Day 1–2: Draft and QA (cross-check names, dates, positions, and salary if included).
Day 3: Release.

Employee playbook (what to do after termination)

Submit a written request (email is fine) specifying whether you need salary shown, number of copies, and any format (PDF with e-signature, sealed envelope).
Provide your government ID and a delivery email.
If you need the COE for a time-sensitive purpose (visa appointment, bank cut-off), say so in your request.
If the employer fails to issue within three days of receiving your request, escalate to:
- The company’s HR head; then
- DOLE (Single Entry Approach, or SEnA) for conciliation-mediation; and, if unresolved, file a labor standards complaint for enforcement. Keep your sent email and follow-ups as proof.

Common mistakes (and how to avoid them)

Linking COE to clearance → Don’t. Issue on time regardless.
Adding opinions/just cause narratives → Keep it factual and neutral.
Wrong or missing dates → Cross-check with 201 files and payroll.
Charging a fee → Prohibited.
Refusing late requests → Must issue even long after separation.
Over-disclosure → Don’t add TIN, SS number, evaluations, or disciplinary infractions unless absolutely required and lawful.

Model COE templates

A. Basic COE (no salary)

CERTIFICATE OF EMPLOYMENT

This is to certify that [Full Name] was employed by [Company Name] as [Position Title] from [Start Date] to [End Date].

This certification is being issued upon the request of the above-named former employee for whatever legal purpose it may serve.

Issued this [Issuance Date] in [City], Philippines.

[Authorized Signatory] [Title] | [Company Name] [Telephone/Email for verification]

B. COE with Salary (upon employee’s written request)

CERTIFICATE OF EMPLOYMENT WITH COMPENSATION

This certifies that [Full Name] was employed by [Company Name] as [Position Title] from [Start Date] to [End Date].

The employee’s last basic monthly salary was [PHP amount], exclusive of allowances and benefits, as of [Date].

Issued upon the employee’s request for [purpose] on [Issuance Date].

[Authorized Signatory] [Title] | [Contact Details]

Compliance checklist for employers

Written procedure for COE requests (email alias or ticketing).
Designated signatories and e-signature setup.
Three-day SLA in HR KPIs; daily request log with timestamps.
COE templates (plain + with compensation).
Data privacy guidelines (release only what’s necessary; keep audit trail).
Communication: onboarding/offboarding handouts mention the employee’s right to a COE.
Annual HR refresher on COE obligations and prohibited practices.

FAQs

Is the three-day period “business days” or “calendar days”? Treat it as a strict three-day requirement from receipt of the request; do not gamble on technicalities—build an internal 48–72 hours service level.

Can we refuse to indicate salary? You may issue a basic COE by default; add salary when the employee specifically requests it or when a third party lawfully and verifiably requires it with the employee’s consent.

Can we charge for extra copies? No. Issuance is free. Reasonable limits on bulk requests are fine, but don’t delay or charge.

Can we include “no pending case” statements? Avoid such statements unless you have a clear, objective basis and it is necessary for the stated purpose. Keep the COE neutral.

What if records are incomplete? Issue the COE on time with verified facts (e.g., confirmed start date and last position), then send an updated version if needed. Don’t delay beyond the three-day deadline.

Key takeaways

The COE is a right of employees and former employees upon request.
Deadline: Issue within three (3) days of receipt of the request—even if clearance or final pay is pending.
Keep the document neutral, factual, and minimal; issue free; allow electronic copies; and log your timelines for compliance.

If you want, I can adapt the templates to your company’s letterhead and workflows or draft a one-page internal SOP that hits all the compliance points above.