Non-Issuance of Certificate of Employment (COE) in the Philippines: Legal Remedies and How to Demand One

What is a COE and why it matters

A Certificate of Employment (COE) is an employer-issued document that confirms a worker’s employment status, position(s), and period of employment. Lenders, prospective employers, embassies, and government agencies commonly require it to verify work history. It is not a character reference and should not contain adverse remarks or disciplinary histories unless the employee specifically asks to include such information.

Who can request it?

Current employees (e.g., for bank loans or visa applications).
Former employees, whether they resigned or were terminated for any reason.

What must it contain at minimum?

Full name of the employee
Date hired (and, if separated, date of separation)
Position(s) held / nature of work
Optional: salary and other details only if requested by the employee

Legal basis & employer timelines

The Department of Labor and Employment (DOLE) has issued guidance recognizing an employee’s right to a COE and instructing employers to issue the COE within three (3) days from the employee’s request. While a COE is simple, prompt issuance is treated as a labor standards obligation. Separately, final pay is generally released within 30 days from separation (unless company policy/CBA provides a shorter period); do not confuse this with the COE timeline.

Key ideas you can rely on:

Right to a COE exists regardless of the manner of separation (resignation, end of contract, retrenchment, termination for cause).
Three-day issuance from request is the standard.
The COE is free of charge; employers should not make release conditional on “clearance,” return of tools, or signing quitclaims. (Clearance may affect final pay, but not the COE.)

Common employer defenses—and why they fail

“You’re still on clearance.” Clearance is internal; the COE merely states facts of employment. It should still be issued.
“You were terminated for cause.” Irrelevant; the duty to issue remains.
“No HR staff is available yet.” The three-day rule is reasonable and binding; staffing is an employer concern, not the employee’s burden.
“We only give it to resigned employees.” Not allowed; the rule covers all separated workers and even current employees requesting one.

Practical steps if your COE is being withheld

Step 1: Make a written request (start the 3-day clock)

Send a dated request via email or a ticketing/HR portal and keep proof of sending. If you can, attach a fillable COE template to make compliance easy.

Model wording (email):

Subject: Request for Certificate of Employment Dear HR, I respectfully request a Certificate of Employment indicating my full name, date hired, positions held, and (if separated) date of separation. Kindly include my basic monthly salary as requested. In line with DOLE guidance, please issue the COE within three (3) days from this request. You may email a signed PDF to this address. Thank you.

Step 2: Follow-up after Day 3

If no COE arrives on or after the 3rd day, send a formal demand (see template below), give a short grace period (e.g., 2 business days), and state the remedies you will take if they still fail to comply.

Step 3: Use DOLE’s Single-Entry Approach (SEnA)

File a Request for Assistance (RFA) at the DOLE Field/Provincial Office where the employer is located or where you worked. SEnA is a mandatory first step for most labor standards issues and provides conciliation-mediation (usually within 30 days). Ask specifically for a compliance order directing the employer to issue the COE (and, if applicable, to release final pay).

What to bring:

Government ID
Evidence of employment (ID, payslip, contract, company emails)
Your written request and follow-ups (with timestamps)
Draft COE (optional, but helpful)

Step 4: File a case if SEnA fails

You have two main tracks, which you can pursue in parallel with legal counsel:

Labor standards enforcement (DOLE Regional/Field Office): DOLE may issue a Compliance Order compelling issuance of the COE under its visitorial and enforcement powers. Non-compliance can lead to administrative sanctions.
Labor complaint before the NLRC (Labor Arbiter): If there are money claims (e.g., unpaid final pay, last salary, 13th month, proportionate leave pay), include the specific performance of issuing a COE as ancillary relief, plus damages for bad faith if the refusal caused loss of employment opportunities or loans. The NLRC can order employers to issue documents incidental to your claims.

When is court (mandamus) appropriate? Only in rare cases where no adequate administrative remedy exists. Because DOLE/NLRC provide avenues for specific performance, mandamus in the regular courts is usually unnecessary.

Damages and consequences for employers

Actual damages for proven losses (e.g., forfeited job offer/loan because the COE never came).
Moral and exemplary damages if refusal was willful or in bad faith (e.g., employer used the COE as leverage to force a quitclaim).
Attorney’s fees (often 10%) when the employee is compelled to litigate to recover what is due.
Administrative penalties may be imposed by DOLE for labor standards violations.

Data privacy, format, and delivery

A COE contains basic personal data; employers should issue it securely (e.g., password-protected PDF, official letterhead, e-signature or wet signature).
Employers should avoid unnecessary data (disciplinary records, performance ratings) unless the employee asks for them.
Electronic issuance is acceptable; a signed PDF is standard and widely accepted.

Templates you can copy-paste

A. Simple COE (baseline)

[Company Letterhead]

CERTIFICATE OF EMPLOYMENT

This is to certify that [Full Name], [Nationality], was employed with [Company Name] as [Position] from [Date Hired] to [Date Separated]/[Present].

Nature of Work/Department: [e.g., Software Engineer, Product Team]

[If requested by employee:] Basic Monthly Salary: [Amount] (as of [Date])

This certificate is being issued upon the request of the employee for whatever lawful purpose it may serve.

Issued on [Date] at [City], Philippines.

[Signature]
[Name, Title]
[Email / Contact No.]

B. Formal demand for a COE (after Day 3)

[Date]

HR Department / [Authorized Officer]
[Company Name]
[Company Address]
[Email]

Subject: Final Demand to Issue Certificate of Employment

Dear [HR/Name]:

On [Date], I requested a Certificate of Employment (COE). Under DOLE guidance, a COE must be issued within three (3) days from request. As of today, [no COE has been issued / only a partial certificate was provided].

I respectfully demand that you email a signed COE (PDF) no later than [two working days from receipt]. If you do not comply, I will seek assistance through DOLE’s Single-Entry Approach (SEnA) and, if necessary, pursue further remedies, including damages and attorney’s fees.

Sincerely,
[Your Name]
[Employee No. / Position]
[Contact Information]

C. SEnA Request for Assistance: sample “Issues/Reliefs”

Non-issuance of Certificate of Employment beyond 3 days from request
Prayer: Immediate issuance of COE; compliance order; release of final pay and statutory benefits; damages (as applicable)

FAQs

1) Can my employer refuse because I have pending accountabilities/clearance? No. The COE only states facts of employment. Pending clearance does not excuse non-issuance.

2) Do I have to accept a COE that includes negative remarks? No. Ask for a neutral COE. You can request to exclude performance or disciplinary details.

3) Can the employer charge a fee? No. Issuance is a legal obligation and should be free. Reasonable charges for additional copies or notarization may be discussed, but the baseline COE must be provided without conditions.

4) Can I insist on salary disclosure? Yes, if you request it. Employers are not obliged to include pay details by default.

5) What if HR says “we don’t issue COEs to project-based/agency workers”? COEs apply to all types of employees (regular, probationary, project, fixed-term, seasonal, casual), including those hired through agencies (who may need a COE from the direct employer/agency and, where applicable, a separate service certification from the principal).

6) How long is a COE valid? There’s no statutory “expiry.” Acceptability depends on the recipient (banks, embassies often ask for a recent COE—e.g., issued within the last 30–90 days).

7) Can I get a COE while still employed? Yes. The company should issue one upon request.

Compliance checklist for HR (to avoid disputes)

✔ Acknowledge COE requests same day and calendar the 3-day deadline
✔ Use a standard template; keep it neutral and factual
✔ Offer e-signature and PDF delivery; provide notarization only when required by the recipient
✔ Maintain a simple log of requests and issuance dates
✔ Never condition the COE on clearance, quitclaims, or “no-case” undertakings

Quick action plan (employee)

Email your request; keep proof (starts the 3-day countdown).
Follow up after Day 3; send a formal demand with a 2-day grace period.
File SEnA at the DOLE Field/Provincial Office; bring proofs.
If unresolved, pursue DOLE compliance and/or NLRC complaint (with damages if you suffered losses).
Keep all emails and responses; these are your best evidence.

This article is for general information and does not replace tailored advice from a Philippine labor lawyer. If your situation involves complex facts (e.g., disputes over employment status, labor-only contracting, or large money claims), consult counsel to select the best forum and remedies.