The employment certificate: Issues and answers

I’m a human resource (HR) manager puzzled by constant complaints on social media about the delay in the issuance of their certificate of employment (CoE), or even the rejection of their request by management. Why are employers doing this? — Blue Light.

This issue has been going on for years despite the issuance of the Labor Department of Labor Advisory No. 06 Series of 2020, which requires employers to issue a CoE within three days from the date of a worker’s request. The only exception is when an existing Collective Bargaining Agreement requires that its release be shorter than three days.

While the advisory does not specify if it’s to be done verbally or in writing, employees should do it formally so that they can establish proof of their request. Failure on the part of any employer to comply is grounds for legal action. The trouble is the amount of time, money, and effort required of an aggrieved employee to force an employer to issue a CoE.

​Generally, workers have no choice but to wait until their patience wears thin or an employer gives in, whichever comes first.

Usually, a CoE is requested by workers who are planning to move to another organization. It proves a worker’s employment history, status, job title, and relevant compensation details.

Those who are unable to provide a CoE run the risk of not getting a new job. So, how do workers try to trick unprincipled employers into issuing a CoE? Some workers claim they need it for a bank loan, buy a car or motorcycle in installments, or apply for a foreign visa.

That’s why some organizations insist on knowing the purpose of a CoE so they can input it as part of the contents, like specifically addressing it to a bank, product dealer, or utility company.

COE ELEMENTS
If you’re an employee, you might think such conditions are rigid and unreasonable. If an employee is no longer interested to continue working for a company, then why would an employer make it difficult for them? One reason is that they don’t like ugly surprises. They want reasonable lead time to appoint a replacement.

That’s why they’re asking you to telegraph your intentions so they can predict if you might be resigning. It is improper to ask directly. Besides, there are many ways to predict if employees are no longer interested in pursuing a long-term relationship with the company.

One indicator is frequent absenteeism and habitual tardiness. Another sign is poor productivity or substandard work. These are clear warnings and yet some employers continue to remain blind by making it difficult to issue a CoE. Many of them are assisted by incompetent HR managers known for their “yes” mentality and unquestioning attitude even if the circumstances are illegal, unethical and immoral.

Based on my experience, the CoE should contain the following information, unless the organization offers a self-service HR kiosk where employees can download an on-the-spot CoE or its equivalent document. If not, the HR department can issue a CoE manually:

One, issue a basic and generic CoE. This avoids undue conflict and at the same time fast-tracks the issuance of the document, regardless of its purpose. Then in the last paragraph include a statement that reads: “This certificate of employment is being issued for whatever legal purpose it may serve the above-named employee.”

Two, specify the worker’s full name and complete home address. The employee’s full name (not nickname) must be the same name as that indicated on the birth certificate. This avoids potential mistakes when the name is different from the worker’s passport or other documents. Also, the complete last known home address must be included. If the employee has changed address, request them to submit an update.

Three, the CoE must contain only basic information. These include the inclusive dates of employment — If the worker is currently employed, simply say “to date.” It must be followed by the employee’s job title, a brief statement about their job, and their employment status. If requested by the employee, the salary package may be indicated to include base pay, allowances, and fringe benefits.

Four, the CoE’s signatory must include anyone from HR. However, that person must be at least one pay grade higher than the employee being certified. Otherwise, the HR department head may sign the CoE of other department heads, regardless of their job title, including members of the senior management team.

A caveat. The issuance of a CoE is an important document for any worker. HR must avoid holding the document hostage, which runs the risk of destroying work relations. The HR profession does not deal with inanimate objects. It deals with human beings, many of which have feelings, values, and attitudes.

No HR manager can succeed if they’re poor in this basic skill.

Bring Rey Elbo’s leadership program called “Superior Subordinate Supervision” to your teams. Contact him on Facebook, LinkedIn, X or e-mail [email protected] or via