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Issuance of coe

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1 Issuance of coe on Fri Sep 02, 2016 12:56 pm

Drewreyes731


Arresto Menor
.
Greetings atty,
Help pls.
My girlfriend just delivered our son, and looking forward to claim her sss maternity benefits, however sss require coe from the last employer, who refused to issue one.
She left the company and went awol after finding out her pregnancy. She worked for this agency for 4 months and wont give her coe for the matter.
Thanks

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2 Re: Issuance of coe on Sun Oct 16, 2016 10:20 pm

thepoetsedge


Reclusion Perpetua
It is the company's discretion to issue a Certification of Employment to employees who have gone AWOL, since the employee who went AWOL is actually liable for breach of contract for not completing her employment contract with her employer.

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3 Re: Issuance of coe on Mon Oct 17, 2016 1:24 pm

HrDude


Reclusion Perpetua
I beg to disagree. A COE, now, has become a demandable right. There are many institutions now who require a proof of employment... and a COE is one of them.

Regular, Proby or Contractual employee (whether terminated or not/AWOL or not), has the right to demand a COE. I believe there is a misconception here. A COE is different from a clearance.

A COE is a harmless document. It only states on the document that the company is acknowledging that this person has been part of the company from this date up to this date (No more, No Less).

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4 Re: Issuance of coe on Mon Oct 17, 2016 2:12 pm

river03


Arresto Mayor
mga sir,

Paano pag nagrelease ng coe si employer at may naka indicate na awol?.

Na shock ako nung nakita ko ang COE ng kasamahan ko dati sa company.

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5 Re: Issuance of coe on Mon Oct 17, 2016 2:17 pm

lukekyle


Reclusion Perpetua
unfortunately that does happen sometimes and the law is silent about it. If hindi tutuo na awol pwede mo i-contest. Once nakatanggap pa ako ng applicant na ang COE ay "mr. X has been employed with us from Jan to June 2016. Unfortunately since May 2016 he has already started working for ABC corp while still employed by our company"

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6 Re: Issuance of coe on Mon Oct 17, 2016 2:51 pm

river03


Arresto Mayor
thanks sir lukekyle for the enlightenment.

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7 Re: Issuance of coe on Mon Oct 17, 2016 3:51 pm

thepoetsedge


Reclusion Perpetua
Thank you for the enlightenment, Sir HRDude... May recent jurisprudence na ba na nagsasabi na ang COE ay isang demandable right na ng isang empleyado, or a recent law na nagsasabi na COE can now be demanded by employees regardless of their employment status or relationship with the employer?

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8 Re: Issuance of coe on Mon Oct 17, 2016 5:33 pm

HrDude


Reclusion Perpetua
thepoetsedge wrote:Thank you for the enlightenment, Sir HRDude... May recent jurisprudence na ba na nagsasabi na ang COE ay isang demandable right na ng isang empleyado, or a recent law na nagsasabi na COE can now be demanded by employees regardless of their employment status or relationship with the employer?

Unfortunately, there is no recent jurisprudence on the matter and the law is also silent as to its issuance. However, since many institutions and ALMOST ALL employers today, require COE, it would be unfair for an employee to be denied the same. Equity and Fair Play will now come into play. And if a person is denied the opportunity to earn a living based only on the non-issuance of a COE, the law will tilt the scale in favor of Labor.

With Equity and Fair Play, there are numerous cases decide by the Supreme Court with regard to this.

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9 Re: Issuance of coe Today at 6:04 pm

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