Requesting a Certificate of Employment (COE) from a Former Employer After Several Years
Philippine law & practice explained
1. What a COE Is—and Why It Matters
A Certificate of Employment is a short, factual document that confirms an individual’s period of service and the position(s) held with an employer. Typical uses include:
| Purpose | Examples |
|---|---|
| Employment applications | Verifying work history for a new employer |
| Immigration / visa | POEA/DMW documents, residency applications |
| Credit & loans | Bank salary‐backed loans, housing finance |
| Government benefits | SSS unemployment benefit, Pag‑IBIG savings withdrawal |
2. Governing Legal Framework
| Source | Key provision |
|---|---|
| Omnibus Rules Implementing the Labor Code – Book III, Rule XIV, § 6 | “The employer shall furnish a worker, upon request, a certificate specifying the dates of engagement and termination and the type of work on which the worker was employed.” |
| DOLE Labor Advisory No. 06‑20 (31 Jan 2020) | • COE must be issued within three (3) working days from receipt of a request, regardless of the reason for separation. • Applies to current and former employees. • Minimum content: full name; position/title; inclusive employment dates. Salary may be included upon the worker’s request. |
| Data Privacy Act of 2012 (RA 10173) | COE disclosure is a “necessary and proportionate” processing of personal data and is lawful under the “fulfillment of a contract” and “legitimate interests” bases. |
| Supreme Court doctrine | While no case turns solely on COE issuance, several rulings (e.g., Makati Haberdashery v. NLRC, G.R. No. 75482, 1990) recognize employees’ post‑employment right to documentary records, reinforcing that refusal can be an unfair labor practice or an act of bad faith. |
No prescriptive period. Because a COE merely states historical fact and involves no money claim, the usual three‑year prescriptive period for money claims under Art. 306 (old Art. 291) does not apply. An employer’s duty to certify past employment subsists indefinitely, tempered only by impossibility (e.g., loss of all records) and laches (where delay is so extreme that it prejudices the employer).
3. Practical Challenges When Years Have Passed
| Challenge | Typical employer concern | How an ex‑employee can respond |
|---|---|---|
| Record retention limits | Payroll and HR files may have been archived or purged after 5–10 years. | Offer copies of your own payslips, SSS/PhilHealth remittances, contracts, or ID to aid reconstruction. |
| Corporate changes | Closure, merger, or acquisition may obscure who the “employer” is. | Identify the successor‑in‑interest (Art. 298), or the trustee/receiver if under liquidation, and address the request there. |
| Unsettled disputes | Employer thinks unpaid liabilities bar issuance. | Clarify that COE is ministerial and unrelated to pending claims (per DOLE advisory). |
| Clearance policy | Company requires clearance before any HR document release. | Clearance for purposes of COE cannot validly delay beyond the 3‑day rule; opt to file a DOLE complaint if invoked. |
4. Step‑by‑Step Guide to Requesting After a Long Gap
Gather basic facts
- Full legal name (including any married name changes).
- Employee/Payroll number, if remembered.
- Exact or approximate employment dates & last position.
Draft a written request (see sample in § 7).
- Indicate purpose only if relevant (banks sometimes require salary info; airlines require total flying hours, etc.).
- Specify a reasonable delivery mode (PDF by email, pick‑up at HR, registered mail).
Send the request
- Preferably registered mail with return card or courier with tracking.
- E‑mail to the employer’s official HR address (keep read‑receipt).
Wait three working days (per Labor Advisory 06‑20).
If no action:
- Conciliation‑Mediation (SEnA) at the DOLE Regional/Field Office.
- File a labor standards complaint; refusal may lead to assessment and administrative fines (₱1,000–₱10,000 per affected worker, per Article 128(b)).
5. Contents & Formatting: What a COE Should Contain
| Required (per Advisory) | Optional / customary |
|---|---|
| Full name of employee | Last drawn basic or gross pay |
| Job title or nature of work | Company letterhead & dry seal |
| Inclusive dates of employment | A remark on reason for separation (“resigned,” “end of contract”) |
| Signature over printed name of employer’s authorized representative | Remarks on performance or character (allowed but not required) |
Tip: Banks and embassies often need salary and position; include these in your request to avoid repeat processing.
6. Remedies & Penalties for Refusal
| Remedy | Governing rule | Outcome |
|---|---|---|
| SEnA request at DOLE | Dept. Order No. 107‑10 | 30‑day mandatory mediation; many employers comply once summoned. |
| Article 128 labor standards inspection | DOLE may issue a Compliance Order and impose fines or penalties. | |
| NLRC complaint for damages | If refusal causes quantifiable loss (lost job offer, loan denial), moral / actual damages can be claimed; attorney’s fees may be awarded when employer acted in bad faith. | |
| Criminal liability | Rare, but falsified or fabricated negative remarks may constitute libel under the RPC. |
7. Sample Request Letter
Date: 19 July 2025
HR Department
XYZ Manufacturing Corporation
Brgy. Tutuban, Valenzuela City
Subject: Request for Certificate of Employment
Dear HR Manager,
I am **Juan D. Santos**, who served as *Production Supervisor* from **15 June 2015** to **30 September 2018**. Pursuant to Book III, Rule XIV, § 6 of the Omnibus Rules Implementing the Labor Code and DOLE Labor Advisory No. 06‑20, I respectfully request the issuance of my Certificate of Employment, including my last drawn basic salary, within three (3) working days from receipt of this letter.
Please send the signed COE in PDF format to **juan.santos@email.com** or advise me for pick‑up.
Thank you for your prompt attention.
Respectfully,
[signature]
Juan D. Santos
Former Employee No. PS‑236
Contact No.: +63 917 555 12348. Related Employment Documents You May Also Ask For
| Document | Statutory basis | Typical turn‑around |
|---|---|---|
| Service Record / Employment History | DepEd Order 54, s. 1993 (for teachers); company practice elsewhere | 3‑5 days |
| BIR Form 2316 (withheld tax statement) | NIRC § 83(C) | On or before 31 Jan. of the year following separation |
| Final Pay computation | DOLE Labor Advisory 06‑20 | Within 30 days from separation |
9. Frequently Asked Questions
| Question | Short answer |
|---|---|
| Can the employer charge a fee? | Nominal fees for printing or notarization are acceptable; exorbitant fees violate labor standards. |
| What if the company closed? | Direct request to the receiver, liquidator, or successor company; if dissolved, records often stay with SSS or BIR—obtain alternative proof (SSS R‑3, payslips). |
| Is clearance always required? | Clearance may be processed simultaneously, but withholding the COE until clearance is finished violates the 3‑day rule. |
| Can negative remarks be inserted? | Only factual data should appear; disparaging opinions or pending case notes can expose the employer to defamation and unfair labor practice claims. |
10. Key Take‑Aways
- Right with no expiration – The duty to issue a COE survives long after the employment ends.
- Three‑day rule – Once requested, the employer must act within three working days.
- Written proof matters – Send a dated, traceable request and keep copies.
- Escalate wisely – Use SEnA first; formal complaints and damages suits remain fallback options.
- Maintain your own records – Keeping payslips, contracts, and IDs shortens the process if the employer’s archives are incomplete.
Disclaimer: This article is for informational purposes only and does not substitute for individualized legal advice. For specific situations, consult a Philippine labor‑law practitioner or your local DOLE Field Office.