Mandated Period for Employers to Issue a Certificate of Employment

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

A Certificate of Employment (COE) is a written document issued by an employer confirming that a person was employed by the company and stating certain basic employment particulars. In Philippine practice, it is one of the most frequently requested employment records because it is commonly required for:

  • new job applications and background checks
  • bank loans and credit accommodations
  • visas and travel requirements
  • housing rentals, government transactions, and professional licensing
  • proof of work history for benefits or claims

A COE is not the same as a recommendation letter, service record, clearance, quitclaim, or tax forms. It is a distinct employment record with a specific purpose: verification of employment.


2) The governing rule on the timing: the “3-day period”

In the private sector, the most direct and commonly cited authority on the deadline to issue a COE is a Department of Labor and Employment (DOLE) issuance (widely known in practice as a Labor Advisory on the issuance of a Certificate of Employment). Under that guidance:

General rule: issue within three (3) days from request

An employer is expected to release the COE within three (3) days from the time the employee (or former employee) requests it.

Practical meaning of “3 days”

Because the rule is phrased as “within three days from request,” employers commonly treat the count as starting from receipt of the request (e.g., the date HR receives the email or the written request is stamped received). In many workplaces, the operational standard is three calendar days, unless company policy or the requesting party’s circumstances justify treating it as working days. To avoid disputes, employers typically define the internal counting method and acknowledge the request in writing with a release date.


3) Who is entitled to a COE

Covered individuals

  • Current employees
  • Resigned employees
  • Separated/terminated employees
  • Employees whose contracts ended (project, fixed-term, probationary not regularized, etc.)

The right to a COE is not limited by the mode of separation. Even if the employment ended under contentious circumstances, the COE is still an employment verification document.

Who must issue

The obligation falls on the employer of record. In labor-only/legitimate contracting arrangements, this is generally the contractor as the direct employer. (A principal may issue a separate “site assignment” or “engagement confirmation,” but that does not replace the employer’s COE.)


4) Clearance, accountabilities, and ongoing disputes: not valid reasons to withhold a COE

A frequent point of friction is the employer’s insistence on clearance before releasing documents. For the COE specifically, DOLE guidance treats it as an employment verification right that should not be held hostage by clearance processes.

Common scenarios

  • Unreturned company property (ID, laptop, tools)
  • Pending cash advances / accountabilities
  • Ongoing HR/admin investigations
  • Pending labor case

These issues may justify separate internal actions (demand letters, set-off rules subject to legal limits, disciplinary processes, civil claims), but they do not generally justify refusing to issue a COE. At most, employers typically address this by releasing the COE while separately stating that the employee has pending clearances only if such statement is truthful, necessary, and carefully worded (see defamation and data privacy notes below).


5) Mandatory minimum contents of a COE

A COE is fundamentally a fact-based document. As commonly required by DOLE guidance and standard HR practice, it should contain:

  1. Employee’s full name
  2. Employer’s name and business address
  3. Inclusive dates of employment (start date and end date, or “to present”)
  4. Position title(s) (at least the latest position; optionally a position history)
  5. Employment status (optional unless requested/needed—e.g., regular, probationary, project-based)
  6. Purpose clause (optional: “issued upon request for whatever legal purpose it may serve”)
  7. Authorized signatory, designation, signature, and date of issuance
  8. Company letterhead or identifying details

Compensation details: include only when properly requested

Many COEs in the Philippines include salary, but best practice (and the usual approach under DOLE guidance and data-privacy norms) is:

  • Do not include compensation unless the employee specifically requests it (or provides written consent), or the COE is intended as a “COE with compensation.”
  • If salary is included, specify whether it is basic pay only or includes allowances, and state the period/rate clearly to avoid misinterpretation.

6) What a COE should not be (and the risks of “over-sharing”)

A COE is not a vehicle for performance commentary. Including subjective statements can create legal risk.

Avoid including:

  • “terminated for cause,” “AWOL,” “dishonest,” “poor performer,” etc.
  • reasons for resignation/termination (unless legally required and requested, and even then with caution)
  • medical information, disciplinary history, or other sensitive personal information

Why this matters

  • Defamation risk: Negative characterizations can expose the employer and signatory to claims if statements are not strictly factual, necessary, and made in good faith.
  • Data Privacy Act (RA 10173) risk: Disclosing personal and employment-related data beyond what is necessary for the stated purpose may be a data privacy issue, especially if released to third parties without consent.

7) Format, release method, and proof of request

Form of request

A request can be made through:

  • email to HR
  • written letter
  • company portal ticketing system

Best practice is a written request so the “3-day clock” is clear.

Release method

  • printed hard copy for pickup
  • emailed PDF (common, especially post-pandemic)
  • couriered document (if agreed)

Authorized representative

If a representative will pick it up, employers typically require:

  • written authorization letter
  • valid IDs (employee and representative)

8) If the employer refuses or delays: remedies and enforcement pathways

When an employer fails to issue the COE within the required period, the employee typically has practical escalation options:

  1. Internal escalation (HR head, compliance officer, legal) with proof of request and follow-up
  2. DOLE assistance through the Single Entry Approach (SEnA/eSEnA), which facilitates settlement and compliance
  3. Labor standards complaint / request for inspection in appropriate cases, where DOLE’s visitorial/enforcement powers may be invoked to compel compliance and address violations

Remedies tend to focus on compelling issuance. Claims for damages may be possible in extreme cases (e.g., bad faith causing proven harm), but these are fact-specific and not the usual primary relief.


9) Special situations and practical handling

A) Employee still employed but needs COE

Still entitled. HR may issue a COE stating “currently employed as of [date].”

B) Employee separated but records are archived

Archiving is not a defense. Employers are expected to maintain employment records and respond within the mandated period.

C) Company closure, merger, acquisition

The successor entity or custodian of records may handle issuance. Where records are unclear, the COE may be based on available payroll/HRIS data, with careful qualification if needed.

D) Independent contractors vs employees

A COE is an employment certificate. For true independent contractors, the proper document is typically a Certificate/Confirmation of Engagement or contract-based certification—not a COE—unless the worker is legally an employee despite the label.

E) Government employees

Public sector documentation commonly uses a Service Record or employment certification under Civil Service rules and agency procedures. The three-day COE practice discussed here is most associated with DOLE guidance for private employment.


10) Employer best practices (compliance + risk control)

  1. Standardize COE templates (basic COE; COE with compensation; COE with position history)

  2. Set a clear intake process (email address/ticketing; auto-acknowledgment)

  3. Track the 3-day SLA and document exceptions

  4. Separate clearance from COE (run clearance independently)

  5. Data-privacy controls

    • release only what is necessary
    • require written consent for salary disclosure
    • keep an issuance log (date requested, date issued, released to whom)
  6. Avoid subjective/derogatory statements; stick to verifiable facts


11) Sample “basic COE” wording (template)

CERTIFICATE OF EMPLOYMENT

This is to certify that [Full Name] was employed by [Company Name] with office address at [Address] from [Start Date] to [End Date/Present]. During this period, [he/she/they] held the position of [Position Title].

This certification is being issued upon the request of [Mr./Ms.] [Last Name] for whatever legal purpose it may serve.

Issued this [Day] of [Month, Year] at [City], Philippines.

[Signature] [Name of Authorized Signatory] [Position/Title] [Company Name]

(Optional, only when requested/consented: compensation details clause.)


12) Key takeaways

  • A COE is a fact-based employment verification document.
  • The prevailing DOLE guidance requires employers to issue the COE within three (3) days from request.
  • Clearance, accountabilities, or disputes generally do not justify withholding a COE.
  • Contents should be limited to necessary facts, with compensation included only when properly requested/consented.
  • Refusal or delay can be escalated internally and, if needed, through DOLE mechanisms focused on compelling compliance.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.