Certificate of Employment: 3 Days, and Free
Department of Labor and Employment · employment
Quick answer
Under DOLE Labor Advisory 06-20 the employer shall issue a certificate of employment within 3 days of the request, and an employee whose employment is not yet terminated may also ask for one. A kasambahay gets 5 days under RA 10361.
Every figure on this page is from official published documents: DOLE and LawPhil Project.
Last verified 2 sources, listed below
DOLE | Labor Advisory No. 06, Series of 2020, Guidelines on the Payment of Final Pay and Issuance of Certificate of Employment1 · LawPhil Project | Republic Act No. 10361, the Domestic Workers Act (Batas Kasambahay)2. PHGuides is independent and not affiliated with DOLE.
A certificate of employment proves you worked somewhere and for how long. It is the single most commonly demanded supporting document in Philippine transactions, and the rule governing it is one short paragraph most employers and most employees have never read.
DOLE Labor Advisory No. 06, Series of 2020, signed by Secretary Silvestre H. Bello III on 31 January 2020, issued under Articles 4, 103, 116 and 118 of the Labor Code, says this:
The employer shall issue a certificate of employment within three (3) days from the time of the request by the employee. An employee whose employment is not yet terminated may also ask for a Certificate of Employment.
Both halves matter. The deadline is 3 days, and you do not have to have resigned to ask.
The two deadlines
Which one applies depends on the law that covers your employment.
| You are | Deadline | Source |
|---|---|---|
| An employee under the Labor Code | 3 days from request | Labor Advisory 06-20 |
| A kasambahay | 5 days from request | RA 10361, Section 35 |
The kasambahay rule is the only one of the two that says what the certificate must contain: the nature of the service, its duration, and the work performance. Labor Advisory 06-20 prescribes no contents at all.
The kasambahay law guide covers the rest of that Act.
What it is not
| Document | What it says |
|---|---|
| Certificate of employment | That you worked there, and for how long |
| BIR Form 2316 | Compensation paid and tax withheld for a tax year |
| Clearance | That you have returned property and settled accountabilities |
| Recommendation letter | An opinion about you, which no law obliges anyone to write |
An agency that asks for a COE will not take a 2316 instead, and the reverse is also true. The Form 2316 guide covers the tax certificate, which has its own January 31 deadline.
Where you will be asked for one
This is why the document matters more than its one-paragraph rule suggests. Across this site, a COE appears in the requirements for:
| Transaction | What that service costs or takes |
|---|---|
| DSWD travel clearance for a minor | ₱800.00, or ₱300.00 for a certificate of exemption |
| DFA apostille of your documents | PHP 100.00 regular in 5 working days, PHP 200.00 expedited in 2 working days |
| OEC for overseas work | Valid 60 days, single exit |
| Balik-Manggagawa OEC | The returning worker’s route |
| OEC exemption | Who skips it entirely |
| Work visa requirements | What DMW actually controls |
| Medical exam for abroad | DOH-accredited clinics only |
| Security guard licence | PHP 300.00 licence plus a PHP 200.00 ID card, PHP 500.00 in total |
| Pag-IBIG multi-purpose loan | 1.4583% a month over 12, 24 or 36 months |
| OEC online appointment | How POPS-BaM works |
| Final pay | Released within 30 days |
Each of those figures belongs to the guide it links to, with its own source and verification date.
The one to request before you leave
Because the advisory allows a request while still employed, the practical advice is to ask for a COE before your last day rather than after it. A former employer is harder to reach, HR turns over, and companies close. The document costs you nothing and the obligation to issue it is the same either way.
The 3-day clock runs from the request, not from your separation date, so a request made while employed is due 3 days later regardless of when you actually leave.
If your employer will not issue one
Labor Advisory 06-20 names the forum in its own enforcement paragraph.
Any issue or claim dispute arising out of or relating to the payment of final pay, or issuance of certificate of employment, shall be filed before the nearest DOLE Regional, Provincial or Field Office which has jurisdiction over the workplace, for conciliation and subject to DOLE’s existing enforcement mechanism.
Note that the advisory puts the certificate on the same footing as unpaid final pay. It is not a favour being withheld; it is a claim you can bring, at the office covering the workplace, not your home address.
The final pay guide covers the other half of the same advisory, including its 30-day release rule and all nine components.
What this page does not cover
DOLE publishes no template for a certificate of employment, prescribes no contents for one outside the kasambahay context, and sets no penalty specific to refusing to issue one, so none of those is stated here. Sample wordings circulating online are private drafting conventions, not a DOLE form, and this site does not reproduce them as though they were.
This page also does not cover employment certification for government service, which runs through the agency’s own human resource office and the Civil Service rules rather than through Labor Advisory 06-20.
Related
The final pay guide covers the same advisory’s other half, the kasambahay law guide covers the 5-day rule and what that certificate must say, and the separation pay guide covers what may be owed alongside it, and the SEnA guide covers what to do when an employer refuses to issue one.
Frequently asked questions
- How long does my employer have to issue a COE?
- 3 days from the time of the request, under DOLE Labor Advisory No. 06, Series of 2020. The advisory says the employer shall issue it within that period; it does not make the request conditional on having resigned.
- Can I ask for one while I am still employed?
- Yes, and this is the part most people miss. The advisory states in terms that an employee whose employment is not yet terminated may also ask for a Certificate of Employment. You do not have to leave to get one.
- Does a COE cost anything?
- The advisory sets no fee and this page states none. It is a document your employer is obliged to issue on request, not a service you buy.
- What if my employer refuses?
- The advisory routes it: any issue or claim arising out of the payment of final pay or the issuance of a certificate of employment shall be filed with the nearest DOLE Regional, Provincial or Field Office with jurisdiction over the workplace, for conciliation under DOLE's enforcement mechanism.
- Is a kasambahay entitled to one?
- Yes, on a different clock. Section 35 of RA 10361 gives the employer 5 days from request, and requires the certificate to indicate the nature and duration of the service and the work performance.
- Is a COE the same as BIR Form 2316?
- No. A COE states that you worked there and for how long. Form 2316 is the certificate of compensation paid and tax withheld, issued for a tax year. Employers often hand over both when you leave, and agencies asking for one will not accept the other.
- What should a COE contain?
- Labor Advisory 06-20 does not prescribe contents. The only statutory content standard on this page is the kasambahay one in RA 10361: the nature of the service, its duration, and the work performance.
- Does a COE say why I left?
- Nothing in the advisory requires it to. The kasambahay standard asks for nature, duration and work performance, not the reason for separation.