Dear Atty. Vlad,
After finding a company more suitable to my skills and nearer our residence, I decided to apply to the said establishment and also resigned from my company. I asked the human resources (HR) department for my Certificate of Employment (CoE) because I need it for my job application.
The HR department told me that they cannot issue my CoE yet because I do not have clearance yet, since I still have not finished the turning over of my responsibilities. Likewise, they said I haven’t surrendered yet all company-issued property, which I am still looking for and gathering. The new company that is hiring me is requiring me to produce a CoE. Is there any way I can oblige the company to issue me the certificate of employment?
Carla
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Dear Carla,
The Department of Labor and Employment (DoLE) Labor Advisory No. 06, Series of 2020 — Guidelines on the Payment of Final Pay and Issuance of Certificate of Employment, provides that the employer shall issue a certificate of employment within three days from the time of request by the employee. The DoLE Labor Advisory does not mention any condition or qualification for the issuance of the certificate of employment. Thus, the company should issue the certificate of employment to you even if you have not accomplished the turnover and clearance procedures.
The Certificate of Employment, as defined in the DoLE Labor Advisory, simply specifies the dates of your hiring and termination of employment and the type or types of work for which you were employed; and does not necessarily serve as a clearance. In fact, according to the DoLE Labor Advisory, even if your employment is not yet terminated, you may also ask for a Certificate of Employment.
Clearly, the reason given by the HR department — that you have not been cleared — is not a valid reason for the company to refuse issuing to you the said certificate.
If the HR department of your company still does not want to issue to you the CEO even after you’ve explained the contents of the above-cited DoLE Labor Advisory, you may file a claim before the nearest DoLE Regional/Provincial/Field Office, which has jurisdiction over the company’s workplace for conciliation, in accordance with Article IV. Enforcement Mechanism of the DoLE Labor Advisory.
I hope that I was able to answer your question/s based on what you shared me.
Atty. Vlad del Rosario