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Issuance of Certificate of Employment

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1 Issuance of Certificate of Employment on Fri Aug 24, 2012 3:02 pm

ikeilacel


Arresto Menor
I would like to ask if my employer can deny me a certificate of employment.

I worked in a training company for 9 months. It is a new company who just turned one year and a subsidiary of a big company. I was productive and even the Head HR of the mother company noticed that and in fact would like to take me in their organization but my manager refused.

One day my manager talked to me and told me that she's giving me only 3 months then she will let me go because I was not hitting the monthly quota (although I was able to increase the sales of the company by 300%, I was given a 4 million quota a month for a training program. Which is not realistic) and she constantly repeated this to me. So I decided to file my resignation June 29 effective June 30, 2012 and sent it thru email.

(I did not tender a 30-day notice due to these reasons, An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;

Inhuman and unbearable treatment accorded the employee by the employer or his representative;)

The next day I received a text message from our Administrator/HR, that they have received my resignation and it is approved already by our Manager and requested me to go to the office for proper turnover for clearance and for my certificate of employment.

I went to the office and handover things properly which was signed by the person-in-charge.

After that I requested for a certificate of employment. They always give false dates as to when I can get my certificate of employment. It's been almost two months now and I am applying for an overseas job and still have not received my coe despite my constant follow up.

I received a text message from the Administrator/HR that our Manager refuse to sign my COE because I did not file my resignation properly.

This was not the first instance that an employee of that company resigned the same way I did but they were issued a certificate of employment even if they have worked only for 4 months.

Is it Legal and Fair for my manager to deny me a Certificate of Employment? What are my options? Since I am applying for a work abroad and this is one of the requirements which I need to submit. Was my understanding for not tendering a 30-day notice correct?

Thank you very much and hope you can help me.


****An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;

Inhuman and unbearable treatment accorded the employee by the employer or his representative;

Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

Other causes analogous to any of the foregoing.****

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2 Re: Issuance of Certificate of Employment on Fri Aug 24, 2012 9:40 pm

attyLLL


moderator
pushed to the extreme, i am of the opinion that there is no legal obligation for the employer to issue a certificate of employment.

ask your prospective employer if there are other documents which can be used as a substitute.

or one trick is to demand a certification of sss payments. the certification will include a statement that you were an employee, and this might be sufficient.


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3 Re: Issuance of Certificate of Employment on Fri Aug 24, 2012 9:58 pm

ikeilacel


Arresto Menor
Thank you very much.

if they can deny me a certificate of employment, Can they also hold or deny me my backpay?

Are they oblige to give a certification of SSS payment when requested or they can still refuse. Thanks



Last edited by ikeilacel on Fri Aug 24, 2012 10:01 pm; edited 1 time in total (Reason for editing : Incomplete reply)

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4 Re: Issuance of Certificate of Employment on Sat Aug 25, 2012 1:50 pm

attyLLL


moderator
the failure to prove sss payments can get them in trouble.

as for backpay, the legal remedy if they refuse to pay is to file a complaint at nlrc


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5 Re: Issuance of Certificate of Employment on Sat Aug 25, 2012 10:56 pm

ikeilacel


Arresto Menor
Thank you very much.

You and this site has been a great help.

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6 Re: Issuance of Certificate of Employment on Tue Aug 28, 2012 6:14 pm

alexisbantilan


Reclusion Perpetua
Hi ikeilacel,

File a small claim case at DOLE. you will signed a SENA form. Just like what I did. After mediations hearing your employer will have to release a mandatory 13th month pay, tax refunds and actual days worked left.Its a legal remedy.

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7 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 8:40 am

warren sanchez


Arresto Menor
Hello everyone..I would like to get a sound advised on my concern.
I am warren and a family man. I was a manager of my previous employer (Employer A) in Davao for 6 years and i resigned from my post due to career move. I handed my resignation 3 months before the date..this was 3 years & 4 months ago to be exact. After my resignation i settled everything from that company and they also provided me my separation pay. However, when i requested for my clearance and COE they didn't provide. After that employment, i was again hired, my new employer (Employer B) didn't bother to request my previous COE due to our strong relation. However for about 6 months, i resigned from this new employment since me and my wife decided to start our own business. Employer B provides me a COE. For these periods until recently, I sent emails to Employer A asking for my COE but they didn’t reply ever since. My emails were copy furnished to my direct superiors and to our admin in Davao. By the way, were living now in Manila after we decided to start our own business so I never had a chance to visit our office in Davao. A couple of times I called our admin but she told me that she can’t provide a Clearance and COE because she was advised that those documents I’m requesting will be coming from the head office- the head office is in Malabon. In this regard, I am thinking to visit the head office of my previous employer to talk with my previous superior to request my clearance and my COE. My concern, is there a possibility that this previous employer of mine will not release my Clearance and COE? Is this against labor code? What are the grounds for non-releasing of Clearance & COE? What should I do? Should I consult a lawyer or NLRC on this matter?

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8 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 9:18 am

lukekyle


Reclusion Perpetua
Yes they are required to give you a COE. Ang problem is up to now wala pang law that gives a timetable kung kelan nila kelangan ibigay sayo or any specific penalty if they fail to do so. PIA cayetano filed a bill before but to my knowledge it didn't get signed into law

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9 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 9:19 am

lukekyle


Reclusion Perpetua
call up dole. If they are the ones who calls you employer, it helps speed up the process

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10 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 9:51 am

warren sanchez


Arresto Menor
thanks for giving an option. i will call DOLE.

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11 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 10:13 am

warren sanchez


Arresto Menor
This also pertains to Certificate of Employment..

My cousin was working as supervisor in one of the company here in Manila. He's stint was just short within 7 months. The reason why he resigns was the company didn't follow their contract agreement. After he resigns, he was given a COE but the position that was stated was only a SALES PERSONNEL instead of a SUPERVISOR. He planned to return the COE and request to change the position indicated. But he has fear that the company will not change it. If ever they will not change it, what will he do? Also about their working hours, they work Monday to Saturday from 8:AM to 5:PM. Is it allowed by dole-work whole day every Saturday? If not, can he possibly claim a percentage in working whole day every Saturday? Hoping your kind responses & idea on this concerns. Thank you.

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12 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 10:49 am

council


Reclusion Perpetua
warren sanchez wrote: Also about their working hours, they work Monday to Saturday from 8:AM to 5:PM. Is it allowed by dole-work whole day every Saturday? If not, can he possibly claim a percentage in working whole day every Saturday? Hoping your kind responses & idea on this concerns. Thank you.

Yes whole day Saturday work is allowed.

The only requirement by the LC is 1 rest day of 24 hrs every week.

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13 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 11:07 am

warren sanchez


Arresto Menor
How about po sa COE na hindi po tama ang position?

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14 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 5:52 pm

HrDude


Reclusion Perpetua
warren sanchez wrote:How about po sa COE na hindi po tama ang position?

E di subukan mong ipatama yung mali sa HR niyo? Nasubukan mo na ba?

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15 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 5:53 pm

HrDude


Reclusion Perpetua
warren sanchez wrote:How about po sa COE na hindi po tama ang position?


E di subukan mong ipatama yung mali sa HR niyo? Nasubukan mo na ba?

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16 Re: Issuance of Certificate of Employment on Tue Nov 29, 2016 5:53 pm

HrDude


Reclusion Perpetua
warren sanchez wrote:How about po sa COE na hindi po tama ang position?


E di subukan mong ipatama yung mali sa HR niyo? Nasubukan mo na ba?

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