Reissuing Certificate of Employment: Legal Considerations under Philippine Labor Law

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Letter to Attorney

Dear Attorney,

Good day. I am writing to seek legal advice regarding an issue I have encountered with my former employer. I have a question concerning the reissuance of a Certificate of Employment (COE). I accidentally submitted the original copy of my COE to a company I applied to, and now I need another copy. However, my former employer is stating that they are not required to issue another one since they already provided me with the document before.

Could you kindly clarify if there is any provision under Philippine labor law that obligates a former employer to issue a new Certificate of Employment if requested, or if once they have provided it, they are no longer required to reissue the document? I would greatly appreciate your advice on how I might proceed.

Sincerely,
A Concerned Employee

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Certificate of Employment (COE) in the Philippines: A Comprehensive Legal Discussion

In the Philippines, the issuance of a Certificate of Employment (COE) is a topic frequently brought up by employees, particularly in cases where they are transitioning between jobs. The COE serves as an important document that reflects the employee’s period of service and the nature of the work they performed with a former employer. It is a basic requirement for many job applications and serves as an official confirmation of one’s employment history.

The primary concern raised is whether or not a former employer is obligated under Philippine labor laws to issue a new COE upon request if they have already provided one. To address this concern, we need to carefully review the relevant labor provisions and jurisprudence on the matter.

1. Legal Basis for Issuance of a Certificate of Employment

Under Philippine law, the obligation to issue a Certificate of Employment (COE) is grounded in Article 285 of the Labor Code of the Philippines, which specifies the rights and obligations of employers when an employee resigns or is terminated. The Department of Labor and Employment (DOLE), through its issuances, has clarified this in numerous opinions and guidelines.

The most direct reference is found in DOLE Labor Advisory No. 06, Series of 2020, titled "Guidelines on the Issuance of Certificate of Employment." This Advisory was released to standardize the process for issuing COEs and emphasizes that employees, upon separation from employment, whether voluntary (resignation) or involuntary (termination), are entitled to a Certificate of Employment upon request.

Section 1 of the Advisory provides:

"A Certificate of Employment shall be issued by the employer within three (3) days from the time of the request by the employee.”

The certificate shall include the following:

• Dates of the employee’s tenure or engagement with the company;
• The employee's job title and position.

The Advisory makes it clear that a COE is a matter of right for the employee and must be provided upon request. Therefore, employers are obligated to issue a COE when an employee formally requests one after separation.

2. Requirement for Multiple Issuances: What the Law Says

The employee’s concern revolves around the fact that a COE was already provided by the employer in the past. Does this exempt the employer from issuing a new COE upon subsequent request?

The DOLE Labor Advisory does not explicitly limit the issuance of a COE to a single instance. This silence in the law suggests that the obligation to provide a COE remains as long as the employee makes a reasonable request for it. Furthermore, labor laws are generally construed in favor of the employee to provide them with a higher degree of protection.

The rationale behind this is that a COE is an essential document for workers seeking new employment, and the original copy might get lost, misplaced, or submitted (as in this case) to a prospective employer. Denying a request for a second or subsequent copy could unduly prejudice the worker’s future employment prospects.

Therefore, while the employer may raise the fact that they already issued a COE before, this does not exempt them from reissuing the document upon request, especially if the employee is in need of a new copy for legitimate purposes.

3. Remedies if an Employer Refuses to Reissue a COE

If a former employer refuses to reissue a Certificate of Employment despite the employee’s reasonable request, what recourse does the employee have?

A. Filing a Complaint with DOLE The first and most immediate step that an employee can take is to file a complaint with the nearest DOLE field office. Non-issuance or refusal to reissue a COE can be considered a violation of DOLE's guidelines, particularly Labor Advisory No. 06-2020. DOLE has the authority to mediate between the employee and the employer and require the employer to comply with its obligations under the law.

In practice, employers are often willing to comply once DOLE gets involved, as refusing to issue a COE may be seen as a form of bad faith and could tarnish the employer’s reputation. Furthermore, DOLE may penalize non-compliant employers, though no specific sanctions are outlined for non-issuance of COEs beyond compelling the employer to issue one.

B. Filing a Case Before the National Labor Relations Commission (NLRC) If an employee’s complaint with DOLE fails to resolve the issue, the next legal step would be to file a complaint before the National Labor Relations Commission (NLRC). Although rare, a refusal to issue a COE may be construed as a violation of the employee’s rights and could be taken as evidence of bad faith or unjust treatment.

However, employees should weigh whether the non-reissuance of a COE warrants escalation to the NLRC, as the process could be time-consuming and costly. In most cases, DOLE intervention should suffice in compelling the employer to reissue the COE.

4. Practical Considerations and Common Employer Concerns

From the employer's perspective, repeatedly issuing COEs for former employees may seem burdensome. However, it is important to emphasize that the obligation to issue COEs is part of the employer's duties upon an employee’s separation. Since the law provides no limit on the number of times an employee can request a COE, employers are advised to accommodate reasonable requests, especially in cases where the employee has a legitimate need for the document.

In situations where an employer is wary of issuing multiple COEs, they may take practical steps to mitigate the administrative burden:

• Digital Copies: Employers may consider issuing digital copies of COEs, ensuring that employees have access to them without the need for physical reissuance.
• Retention of Employment Records: Employers should maintain clear and easily accessible records of all former employees, including employment tenure and job position. This allows for quick and efficient reissuance of documents like COEs when requested.

Some employers are concerned that repeatedly issuing COEs could create an unnecessary administrative workload or lead to potential disputes over details such as the employee's job performance. However, it is important to remember that the COE is a neutral document that merely states the period of employment and position. It is not meant to contain evaluative information or commentary on the employee’s work performance.

5. Conclusion: Employer's Duty and Employee's Rights

In conclusion, under Philippine labor law, employers are required to issue a Certificate of Employment upon the request of a former employee, whether the separation was voluntary or involuntary. While the law does not explicitly state how many times a COE can be requested, the principle of fairness and the general interpretation of labor laws in favor of the employee suggest that employers should accommodate reasonable requests for reissuance, especially when the employee has a legitimate need for the document.

Refusal to issue or reissue a COE could lead to complaints being filed with DOLE or the NLRC, both of which are empowered to compel employers to fulfill their obligations. To avoid disputes, employers may take proactive steps to streamline the process, such as issuing digital copies or retaining accurate employment records.

Employees, on the other hand, should be aware of their right to request a COE and, if necessary, pursue legal remedies if their former employer refuses to issue or reissue the document.

In the case raised, the employee is well within their rights to request another copy of the COE from the former employer. The law’s silence on limiting requests means that employers are expected to comply, especially when the employee is acting in good faith and simply needs the document for legitimate purposes like securing future employment.

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By ensuring that the rights of employees are upheld in such cases, labor laws in the Philippines aim to promote fairness and support workers in their ongoing efforts to secure gainful employment. Employers are thus reminded of their obligations and encouraged to act in good faith in all matters concerning their former employees.