Obtaining a Certificate of Employment (COE) from a Former Employer in the Philippines

A practical, legally grounded guide for workers, HR practitioners, and counsel.

1) What is a Certificate of Employment?

A Certificate of Employment (COE) is a factual, neutral document issued by an employer confirming that a person worked for the company. It typically states:

Employee’s full name
Dates of employment (start and end)
Position(s) held (and, if requested by the worker, a brief description of duties)
Compensation (only if the employee asks for it; see Data Privacy, below)
Employer’s name, address, and contact details
Name, position, and signature of the authorized signatory

A COE is not a character reference, clearance, or evaluation. It should avoid opinions, accusations, or reasons for separation.

2) Legal Basis & Policy Direction (Philippine Context)

While the Labor Code does not devote a separate article solely to COEs, Department of Labor and Employment (DOLE) issuances and long-standing policy practice recognize a worker’s right to a COE upon request, whether the worker is currently employed or separated. Key principles consistently reflected in DOLE advisories and enforcement practice include:

Right upon request. An employee or former employee may request a COE at any time.
Timeliness. Employers are expected to issue the COE without undue delay; a widely followed benchmark in HR compliance is within three (3) working days from request.
Neutrality. The COE should be limited to objective facts: identity, tenure, position, and (if requested) pay.
No preconditions. Employers should not withhold a COE because clearance is pending, property is unreturned, or there is a dispute about separation. Clearance can affect final pay, but not the issuance of a basic COE.
No fees for the basic issuance. Companies commonly provide one copy free; reasonable fees may apply for extra certified copies or special certifications, if aligned with company policy and not used to obstruct issuance.

Practical takeaway: Treat the COE as a worker’s basic documentary right. Company procedures may organize how it’s requested, but cannot defeat or delay the right itself.

3) Who Can Request a COE?

Former employees (resigned, terminated, retired, end-of-contract)
Current employees (for loans, visas, tenancy, etc.)
Authorized representatives with a signed authorization letter and valid IDs
Heirs/estates (for benefit claims), supported by proof of relationship and authority

Not employees (e.g., independent contractors) have no statutory right to a COE, but the engaging company may issue a Certificate of Engagement/Service as a courtesy.

4) Timing, Turnaround, and Format

Turnaround: Best practice and DOLE guidance point to within 3 working days of a proper request.
Format: Paper or electronic (PDF) is acceptable. Electronic COEs may be digitally signed under the E-Commerce Act; QR codes or verifiable email domains are good practice.
Language: English or Filipino; align with the intended use (e.g., English for overseas applications).
Seal/Notarization: Not required unless the receiving institution specifically demands it. If notarization or apostille is needed for overseas use, arrange this after issuance.

5) Contents: What to Include—and Avoid

Include (core):

Full name and, if helpful, government ID numbers only when the employee requests them (see privacy)
Date hired and separation date (if any)
Position title(s) and department(s)
Statement such as: “This certificate is issued upon the request of [Name] for whatever legal purpose it may serve.”

Optional (upon employee’s request):

Monthly basic pay and/or total compensation (clarify whether gross or net)
Brief role summary or key responsibilities
Work schedule or employment classification (e.g., probationary, regular, project-based)

Avoid:

Reasons for separation (e.g., “terminated for cause”)
Performance ratings, disciplinary history, or commentary
Blacklisting statements or conditions

6) Data Privacy Compliance (DPA)

The Data Privacy Act of 2012 applies. Employers are personal information controllers and must process data lawfully, fairly, and transparently.

Legal basis: Issuing a COE upon the data subject’s request is a legitimate purpose.
Data minimization: Include only what is needed. Salary should be included only if the employee expressly asks for it, or if specifically required by the receiving entity and the employee consents.
Retention & security: HR should maintain employment records securely and for a reasonable period consistent with regulatory/audit requirements.

7) COE vs. Other Documents

COE: Confirms employment facts.
Company Clearance: Confirms settlement/return of property; not a prerequisite to a COE.
Final Pay: Monetary settlement upon separation; timelines may be affected by clearance, but not the COE.
TIN/SSS/PhilHealth/Pag-IBIG records: Independent official records; useful if the employer has closed and cannot issue a COE.
Certificate of Compensation (BIR Form 2316): Tax document showing compensation and withholding; may substitute for salary proof in some contexts but does not replace a COE.

8) Special Employment Arrangements

Project/Seasonal/Fixed-term: COE should specify the project/season and exact dates.
Probationary: Indicate probationary status and dates.
Agency/Manpower: The employer of record (contractor/agency) issues the COE. The client/principal may issue a Certification of Assignment as a supplement.
Part-time/Remote/Flexible: State the classification if the worker requests it for clarity with banks/embassies.

9) If the Employer Refuses or Delays

Escalation ladder (practical):

Written follow-up to HR or the authorized officer (retain proof of delivery).
DOLE Single Entry Approach (SEnA): File a request for assistance at the nearest DOLE field office; SEnA is a mandatory conciliation step and is often enough to secure compliance for non-monetary documents like COEs.
Labor complaint: If unresolved, pursue a formal case through the appropriate forum (e.g., Labor Arbiter for certain disputes) or seek labor inspection assistance where applicable.
Damages (in exceptional cases): If refusal contains defamatory content or causes demonstrable harm, discuss civil or administrative remedies with counsel.

Tip: Keep the ask simple and neutral. Overly broad requests (e.g., multiple attestations, bespoke formats) can slow down processing.

10) When the Employer Has Closed or Is Non-Contactable

If the company closed, merged, or relocated and cannot issue a COE, assemble alternative proofs:

BIR Form 2316 showing employer name and compensation
SSS Employment History (My.SSS) and posted contributions
PhilHealth and Pag-IBIG contribution records
Pay slips, IDs, contracts, appointment letters, emails, or performance appraisals
Colleague affidavits (as a last resort)
For overseas use, consider notarized affidavits and apostille if required by the receiving institution.

11) Best Practices for Employees (Former or Current)

Request early and in writing. Indicate exact content you need (e.g., “Please include my monthly basic salary.”).
Provide IDs and, if someone else is claiming, an authorization letter.
Specify delivery mode (pick-up, email PDF, courier) and any deadline required by a bank/embassy.
Keep copies of requests and follow-ups.

12) Best Practices for Employers/HR

Adopt a written COE policy: who may sign, standard templates, three-day turnaround, and channels (email/portal/front desk).
Use neutral language and avoid reasons for separation or performance commentary.
Respect privacy: add salary only upon the worker’s written request; avoid unnecessary IDs.
Enable e-issuance: digital signature, QR verification, and a verification email inbox or phone line.
Document control: unique reference numbers and logs for audit.

13) Frequently Asked Questions

Q: Can an employer refuse because I haven’t completed clearance? A: No. Clearance may affect final pay, but not the COE. The COE confirms past employment facts; it should not be withheld.

Q: Can the COE state that I was terminated for cause? A: No. Keep the COE factual and neutral. Reasons for separation belong to internal records, not the COE.

Q: Do I need the salary on the COE? A: Only if the receiving institution requires it. If so, request salary inclusion explicitly.

Q: Is an e-signed COE valid? A: Yes. Electronic COEs are generally acceptable; if a third party insists on wet ink or notarization, request it from HR.

Q: How long do companies keep records? A: Practices vary, but HR should retain basic employment records for a reasonable period. If a record is unavailable (e.g., very old or the firm closed), see Section 10 for alternatives.

14) Templates

A) Employee Request Letter/Email (Neutral, Simple)

Subject: Request for Certificate of Employment

Dear [HR/Authorized Officer],

I respectfully request a Certificate of Employment. Kindly state my employment dates and position.

(Optional) Please include my monthly basic salary as I will submit the COE to [Bank/Embassy].

My details: – Full name: [Name as in records] – Employee No./TIN (if needed): [____] – Date of employment: [Start – End] – Preferred delivery: [PDF to this email / Pick-up on (date)]

Thank you.

Sincerely, [Your Name] [Mobile No.] [Attachments: Valid ID; Authorization letter if representative will claim]

B) Standard COE Template (Employer Use)

CERTIFICATE OF EMPLOYMENT

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

(Optional, upon employee’s request): The employee’s monthly basic salary was [Amount].

This certificate is issued upon the request of [Full Name] for whatever legal purpose it may serve.

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

[Signatory’s Name] [Title] [Company Name] [Address / Contact]

15) Practical Roadmap (Step-by-Step)

Prepare your request (what to include; any deadlines; whether salary is needed).
Send a written request to HR (email or portal). Attach ID/authorization as needed.
Follow up if not received within 3 working days.
Escalate via SEnA at the DOLE field office if refusal or undue delay persists.
For defunct employers, compile alternative proofs (BIR/SSS/PhilHealth/Pag-IBIG, contracts, payslips) and request the receiving institution to accept equivalents or affidavits.

16) Common Pitfalls & How to Avoid Them

Overbroad asks (multiple bespoke certifications) → Use the standard COE plus annex/es only if truly required.
Including sensitive data without need/consent → Stick to minimum data; add salary only on request.
Negative remarks → Keep the COE neutral; do not include reasons for separation.
Relying on clearance as a gate → Process the COE independently of clearance.
No proof of request → Always document your request and follow-ups.

17) Bottom Line

In the Philippines, a Certificate of Employment is a basic, worker-driven document. Upon the worker’s request—whether currently employed or separated—employers should issue a neutral, factual COE promptly (commonly within three working days), without inserting reasons for separation or commentary, and with salary shown only upon the worker’s instruction. When an employer is unavailable or non-compliant, SEnA and alternative proofs provide practical recourse.

Disclaimer: This article is for general information only and is not legal advice. For complex situations (e.g., ongoing litigation, defamation concerns, or employer closure), consult counsel or seek assistance from the nearest DOLE office.