Requesting a Certificate of Employment (COE) After Resignation in the Philippines
A comprehensive legal-practical guide (2025 edition)
Quick take: Every employee—regardless of how long they worked or why they left—has an enforceable right to receive a Certificate of Employment within three (3) calendar days of asking for it. The certificate is free, must be factual (no value judgments), and cannot be used as leverage for clearance, exit pay, or any other post-employment obligation.
1. What exactly is a Certificate of Employment?
A Certificate of Employment is a one-page document issued by an employer, signed by an authorized officer, that simply states:
| Essential content | Typical wording |
|---|---|
| Full name of employee | “This is to certify that Juan D. Cruz was employed…” |
| Position(s) held | “…as Sales Associate (1 Jan 2021 – 30 Jun 2023) and Senior Sales Associate (1 Jul 2023 – 15 Mar 2025).” |
| Inclusive dates of employment | Start date and last day of service |
| Optional salary info* | If requested by the employee; otherwise may be omitted |
| Signature & company details | Name, designation, date, company seal where used |
*Salary disclosure is not mandatory; ask for it explicitly if your new employer requires it.
2. The Legal Basis
| Instrument | Key provision |
|---|---|
| Labor Code of the Philippines (as renumbered 2017, Art. 4, 6 & 102, read with DOLE power to promulgate rules) | Empowers DOLE to issue regulations on post-employment documentation. |
| DOLE Labor Advisory No. 06-20 (17 Mar 2020) | “Upon request of an employee, a certificate of employment shall be issued within three (3) days from the time of request.” |
| Department Order No. 174-17 (contracting) & Labor Advisory 18-18 (end-of-contract workers) | Repeat the three-day rule and stress that the COE is free of charge. |
| Jurisprudence (e.g., G.R. No. 207232, Ledesma v. Far East Gas, 05 Apr 2017) | Withholding a COE is an unlawful restraint of future employment and may justify moral damages. |
Penalties for non-compliance
The Labor Code does not fix a specific fine, but refusal or delay is a labor-standards violation. On complaint, a DOLE Inspector may:
- issue a Compliance Order;
- impose administrative fines (₱10 000–₱100 000 per affected worker, variable under D.O. 229-22);
- recommend criminal prosecution for repeated willful refusal (§303, Labor Code) punishable by a fine or imprisonment up to 3 years.
3. When and how to ask
Timing You may request on your last working day, during clearance, or any time after separation—even years later. The three-day clock starts on the date the request is received by HR, not when you sent it.
Form of request
- Recommended: written email or letter (keeps a paper trail).
- Include: full name, employee ID, last position, last day worked, and whether you need salary stated.
Sample request letter
Subject: Request for Certificate of Employment Dear HR, I respectfully request the issuance of my Certificate of Employment indicating my tenure from 01 Jan 2021 to 15 Mar 2025 as Sales Associate/Senior Sales Associate. I would also appreciate the inclusion of my final monthly basic salary. Thank you. Juan D. Cruz
Delivery
- Electronic copy (PDF) is acceptable if digitally signed.
- Hard copy may be picked up or sent via courier at employer’s expense.
4. Common employer mistakes—and how to respond
| Employer action | Why it’s improper | How to deal |
|---|---|---|
| “We’ll release it after you finish clearance.” | Clearance relates to assets & liabilities, not to the right to COE. | Politely cite Labor Advisory 06-20 and reiterate the three-day deadline. |
| Charging ₱200 for ‘printing & notarization’. | The COE must be free; notarization isn’t required unless you demand it. | Refuse the charge; offer to accept an unsigned digital copy and have it notarized yourself if truly necessary. |
| Adding negative comments (“Resigned without notice”). | A COE must be purely factual; value judgments belong in a separate Service Record or Character Reference, which is optional. | Request a corrected version; if refused, file a DOLE complaint for “dishonest entries.” |
| Providing only a “COE format” with no signature. | Valid COE needs an authorized signature. | Ask HR to sign; send scanned signature sheet if remote. |
5. Enforcement options
DOLE Single-Entry Approach (SEnA)
- File a request for assistance (RFA) at any DOLE Regional Office.
- Conciliation-mediation aims for voluntary compliance within 30 days.
NLRC claim (if SEnA fails)
- File a labor standard money claim under Article 128 or constructive dismissal if denial of COE hampers re-employment.
- You may seek damages for lost opportunity.
Small-claims civil suit (rare)
- For provable losses ≤ ₱400 000 due to COE denial.
Data-privacy complaint (if employer discloses salary or personal data without consent).
6. Interaction with other exit documents
| Document | Purpose | Is clearance required? |
|---|---|---|
| COE | Proves employment history | No |
| Service Record (DepEd) / Certificate of Separation | Often needed for GSIS, SSS, Pag-IBIG benefits | Depends on agency rules |
| BIR Form 2316 | Tax withheld summary | Employer must release by Jan 31 of the next year |
| Payslips & final pay | Accounting proof | Governed by Labor Advisory 06-20-B (30-day release) |
7. Best practices for employees
- Ask early. The last week of work is ideal; HR still has easy access to your file.
- Be clear about purpose. If you need salary or job description for visa processing, state it.
- Keep copies. Scan the signed original; employers can lawfully purge records after five years (DO 198-20 retention rule).
- Mind the formatting. Many overseas employers prefer PDF on company letterhead, 10-point or larger font, and ISO date format (YYYY-MM-DD).
8. Best practices for employers
- Standard template pre-approved by legal & HR.
- Dedicated request channel (e.g., hrcert@company.ph) so the 3-day SLA is tracked.
- Logbook noting date/time of request and release; protects against frivolous SEnA claims.
- No clearance linkage. Keep the COE process separate from asset recovery.
- Digital signatures. Adopt a qualified e-signature (e.g., PhilSys-sign) to meet most foreign embassy requirements.
9. Frequently asked questions
| Question | Short answer |
|---|---|
| Can I get multiple copies? | Yes; still free of charge. |
| Does resignation “for cause” change anything? | No. Even employees dismissed for cause are entitled. |
| May an employer refuse to include salary? | Yes, unless you explicitly request it. |
| Is there a statute of limitations to ask? | None, but records may be unavailable after 5 years. |
| Can I notarize it myself? | Yes, but not required by law. |
| What if my former employer closed down? | The designated liquidator must keep the records; otherwise, file a request with DOLE or SEC receiver. |
10. Template: Certificate of Employment (DOLE-compliant)
[Company Letterhead] CERTIFICATE OF EMPLOYMENT
This is to certify that [Name], Filipino, was employed with [Company] under the following terms: • Position: [Title] • Employment Period: [Start Date] to [End Date] • Latest Monthly Basic Salary: ₱[Amount] (included at employee’s request)
This certification is issued upon the employee’s request for whatever legal purpose it may serve.
Issued this [Day] day of [Month YYYY] at [City, Philippines].
[Name of Authorized Signatory] [Designation]
11. Key take-aways
- Three-day rule—non-negotiable.
- No fees, no strings attached.
- Content must be factual and neutral.
- DOLE’s doors are open if your employer drags its feet.
- Keep digital and physical copies for life.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Laws and regulations may change; consult the Department of Labor and Employment or a qualified labor-law practitioner for up-to-date guidance on your specific situation.