Dear Atty. Maan,

My brother resigned immediately and without rendering the required 30-day notice. When he requested a Certificate of Employment (CoE), his employer refused, saying that he cannot be given one because the 30-day notice is mandatory and he cannot just leave abruptly. Can the employer lawfully refuse to issue the CoE?

Joe

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Dear Joe,

As a general rule, an employer cannot refuse to release a Certificate of Employment (CoE), even if the employee resigned without proper notice. Department Order No. 174, Series of 2017, mandates that a CoE must be issued upon the request of an employee, regardless of the manner of separation. Thus, CoE is not a privilege but a right that reflects the employment record of the individual.

Department of Labor and Employment (DoLE) Department Order No. 174 specifies that an employer must provide a CoE upon the employee’s request, and the provision of this document is not contingent on the reasons for leaving or whether the employee served the full contract term. Therefore, an employee who resigns even without the required 30-day notice is still entitled to request and receive a CoE.

Moreover, as set forth in Labor Advisory No. 06, Series of 2020, the DoLE directs that:

(a) an employee’s final pay must be released within 30 days from the date of separation or termination of employment, unless there is a more favorable company policy, individual agreement, or collective bargaining agreement in place; and

(b) a Certificate of Employment must be released by the employer within three days from the time it was requested by the employee.

As such, employers are legally obligated to issue a Certificate of Employment to any employee who requests it, regardless of the circumstances surrounding the separation from employment. Non-compliance may result in administrative penalties as provided by labor laws and regulations.

Hope this helps.

Atty. Mary Antonnette Baudi