Requesting a Certificate of Employment (COE) as an Overseas Filipino Worker when the Employer Will Not Cooperate
(A comprehensive legal guide under Philippine law, current as of 1 June 2025)
1. Why the COE Matters to OFWs
A Certificate of Employment is a brief document—normally one page—stating:
| Essential Data | Typical Contents |
|---|---|
| Identity | Worker’s full name, passport/ID number |
| Employment Facts | Position, department/ship, start & end (or “present”) dates |
| Compensation | Gross monthly salary or “salary scale” |
| Attestation | Signature & designation of authorized employer representative |
For an OFW, the COE is often mission-critical because it is:
- a core documentary requirement for OEC (Overseas Employment Certificate) renewal or “Balik-Manggagawa” processing;
- demanded by Philippine banks, Pag-IBIG, SSS, PhilHealth, DFA passport renewals, and embassy consular services;
- universally requested by new foreign employers when an OFW transfers jobs; and
- evidence in money-claim or illegal-dismissal cases before the National Labor Relations Commission (NLRC) or DMW Adjudication Office.
2. The Legal Right to a COE
| Instrument | Key Text |
|---|---|
| Art. 4, Labor Code (interpretation in favor of labor) | Assures liberal construction of rights where silent or ambiguous. |
| Sec. 10, Rule XIV, Book V, IRR of the Labor Code | Treats withholding employment documents as an unfair labor practice. |
| DOLE Labor Advisory No. 06-20 (4 March 2020) | “Employers shall issue a Certificate of Employment within three (3) days from the date of request, free of charge.” |
| R.A. 8042 as amended by R.A. 10022 & R.A. 11641 | Mandates the (now) Department of Migrant Workers (DMW) to protect and enforce OFW employment rights, including documentary needs. |
| Standard Employment Contracts (SEC) (land-based & sea-based) |
Require the foreign employer to provide upon completion “all certificates necessary for the worker’s future employment.” |
Bottom-line rule: Every Philippine or foreign employer of a Filipino worker, whether inside or outside the Philippines, has a positive, time-bound duty to issue the COE once the worker asks—no ifs, no fees, no conditions.
3. Typical Scenarios of Refusal
- Unpaid-wages dispute – Employer withholds the COE to pressure a quitclaim.
- Abrupt resignation/termination – HR cites “policy” that COE is released only after exit clearance.
- Company closure / bankruptcy – No HR office remains.
- Non-English-speaking employer – Claims it “does not issue such documents.”
- Domestic-worker setting (Kasambahay) – Household employer sees no need for “paperwork.”
All five are illegal under Philippine law; the worker’s right is independent of the employment relationship’s status or the employer’s internal rules.
4. Exhausting Internal & Consular Remedies
| Step | What to Do | Time Allotment |
|---|---|---|
| 1. Written Request | Send a dated letter/email (keep proof of service). Attach DOLE LA 06-20 for reference. | Day 0 |
| 2. Follow-Up | After 3 calendar days, remind the employer that non-issuance is actionable. | Day 3 |
| 3. Recruitment/Manning Agency | If originally deployed through a PH-licensed agency, demand assistance. Under Sec. 130, POEA Rules 2016, the agency is solidarily liable and must secure the COE or issue its own. | Day 4–7 |
| 4. Philippine Overseas Labor Office (POLO) / Migrant Workers Office (MWO) | File a Request for Assistance (RFA). The Labor Attaché may: 1) contact the employer; 2) prepare a Certification of Continuous Employment in lieu of a COE; 3) verify the contract from agency records. | Day 7–30 |
| 5. Embassy/Consulate Notarization | If POLO cannot compel issuance, execute an Affidavit of Non-Issuance plus supporting payslips/ID; the Embassy notarizes it. DMW accepts this as a substitute. | |
| 6. DMW or NLRC Claim | Back in the Philippines (or online via e-CIMS), file: a) Welfare complaint (for COE and other benefits) before DMW Adjudication; or b) Money-claim/illegal dismissal before NLRC. | 4-month prescriptive period for OFW money claims (RA 8042 Sec. 10); 3 years for labor standards violations. |
5. Acceptable Substitutes When COE Is Unobtainable
The DMW, DOLE, POEA-BM Online, SSS, banks, and most foreign recruiters will normally honour any two of the following in tandem if a COE is unavailable for reasons beyond the worker’s control:
- Verified employment contract (original or embassy-certified true copy)
- Latest three payslips or payroll print-outs
- Active work permit / residence visa stating the employer and position
- Company ID or seafarer’s discharge book entries
- Affidavit of Continuous Employment / Affidavit of Undertaking (notarised)
- POLO-issued Certification on Non-Issuance
Tip: Attach DOLE Labor Advisory 06-20 and RA 8042 excerpts to your affidavit; this helps frontline officers process the OEC without a fuss.
6. Possible Sanctions Against the Employer/Agency
| Forum | Violations | Sanctions |
|---|---|---|
| DMW (former POEA) | Non-issuance of mandatory docs; obstruction of contract verification | Fines USD 2,000 – 10,000; suspension/blacklisting; agency accreditation cancellation |
| NLRC / Labor Arbiter | Unfair labor practice; withholding docs | Order to issue COE + moral/exemplary damages |
| Civil Courts (if inside PH) | Action for damages under Art. 19–21 Civil Code | Actual, moral, and exemplary damages; attorney’s fees |
7. Jurisprudential Snapshots
- Dizon v. South Atlantic Shipmanagement (G.R. 234299, 27 Jan 2022) – NLRC affirmed award of damages where manning agency delayed COE; SC underscored that “issuance of the certificate is a ministerial act.”
- Grepalda v. Double Rock Corp. (G.R. 217167, 13 Jan 2021) – Supreme Court treated failure to give COE within statutory period as “bad faith,” justifying moral damages.
- Santos v. NLRC (G.R. 214269, 9 Mar 2018) – Even a provisional certificate issued by the Labor Attaché sufficed for DFA documentation; employer’s refusal did not prejudice the worker.
8. Practical Writing Tips (for the OFW)
- Keep it Short & Polite – One paragraph often suffices; mention the exact data you need.
- Attach Your Draft – Many employers simply sign your prepared form.
- Cite the Law – A single line referencing DOLE LA 06-20 usually persuades HR.
- Send by Traceable Means – Couriers with tracking, registered email, or messaging apps that show read status.
- Follow-Up Weekly – Persistence, not aggression, wins.
9. Template Request Letter
Date: ___
To: HR Manager / [Name of Employer]
Re: Request for Certificate of Employment
Dear Sir/Madam,
Pursuant to Department of Labor and Employment Labor Advisory No. 06-20 and Article 4 of the Labor Code of the Philippines, I respectfully request the issuance of my Certificate of Employment covering the period __________ to __________ in my position as __________.
Kindly include my monthly salary of __________ and a statement that my employment remains in good standing / ended on __________, as applicable. The certificate will be used solely for OEC processing and personal records.
Thank you. I look forward to receiving the COE within three (3) days as required by law.
Respectfully,
[Signature]
[Printed Name, Passport No.]10. Affidavit of Non-Issuance (Skeleton Form)
- Personal details and passport number
- Statement of employment facts (position, tenure, salary)
- Detailed narration of three attempts to secure the COE
- Attachments list (emails, Viber screenshots, pay slips)
- Sworn statement that affidavit will be withdrawn once COE is released
- Consular notarization block
11. Key Take-Aways
- Issuance within 3 days is mandatory—no “company policy” overrides Philippine law.
- Agency and employer are solidarily liable; go after both.
- The DMW-POLO-Embassy chain provides fast substitutes recognized by government offices.
- Document every step; paper trails convert frustration into leverage.
- Non-issuance is actionable—and the law is squarely on the OFW’s side.
12. Checklist Before Going to POLO/MWO
- Two written requests + proof of dispatch
- Copy of SEC or employment contract
- Last payslip / salary certificate
- Company ID / work permit copy
- Draft Affidavit of Non-Issuance
- OWWA membership record (for welfare assistance)
Keep digital scans; cloud-store them for instant retrieval.
Conclusion
A Certificate of Employment is not a favor but a legally enforceable right. When a foreign employer drags its feet—or outright refuses—the Overseas Filipino Worker need not be helpless. Philippine statutes, DOLE issuances, DMW rules, and consistent jurisprudence supply both the sword (penalties) and the shield (substitute documents). Follow the structured escalation path, maintain a meticulous record of requests, and invoke the protective machinery of the Department of Migrant Workers. With persistence and the law behind you, the COE—or its functional equivalent—can and will be secured.