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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Certificate of employment

Certificate of employment

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1employment - Certificate of employment Empty Certificate of employment Fri Sep 07, 2018 11:58 am

kimseokjin


Arresto Menor

Good Day. I will just ask if I (HR) can issue a Certificate of Employee of the company's laborer even if he's not resigned yet? The employee is pushing that I will put in the "Duration Time" of his employment of the company is from "June 2016 - up to present". Can someone please help out. Thank you!

2employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 12:09 pm

Patok


Reclusion Perpetua

Yes, just ask what is the purpose, usually for loan purposes yan.

3employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 12:59 pm

mikos23

mikos23
Reclusion Perpetua

yes pwede.. pero maganda i state sa CoE nila kung para san.. para maliwanag na ang CoE na gagawin mo is for that specific purpose

4employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 1:32 pm

kimseokjin


Arresto Menor

Patok wrote:Yes, just ask what is the purpose, usually for loan purposes yan.

Maga-apply daw po for Abroad

5employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 1:34 pm

kimseokjin


Arresto Menor

mikos23 wrote:yes pwede.. pero maganda i state sa CoE nila kung para san.. para maliwanag na ang CoE na gagawin mo is for that specific purpose

Application po for abroad

6employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 2:34 pm

lukekyle


Reclusion Perpetua

compulsory lang yan if the employee is no longer with the company na. while he still works for said employer pwedeng tumanggi ang employer

7employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 3:01 pm

HrDude


Reclusion Perpetua

An employer CANNOT deny issuing the COE based on the facts.

8employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 3:08 pm

lukekyle


Reclusion Perpetua

Section 10, Rule XIV, Book V, of the Omnibus Rules Implementing the Labor Code of the Philippines provides:

“Certification of employment. — A dismissed worker shall be entitled to receive, or request, a certificate from the employer specifying the dates of his engagement and termination of his employment and the type or types of work on which he is employed.”

NOTE keyword "dismissed"

9employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 4:04 pm

HrDude


Reclusion Perpetua

lukekyle wrote:Section 10, Rule XIV, Book V, of the Omnibus Rules Implementing the Labor Code of the Philippines provides:

“Certification of employment. — A dismissed worker shall be entitled to receive, or request, a certificate from the employer specifying the dates of his engagement and termination of his employment and the type or types of work on which he is employed.”

NOTE keyword "dismissed"

This provision ONLY discusses 'dismissed' employees and it did not discuss ACTIVE employees like the employee discussed by KIMSEOKLIN.

If the provision states 'ONLY a dismissed employee shall be entitled...' then we have no more discussion. However, this provision does not say that only dismissed employees are entitled to COEs. By analogy, all employees even ACTIVE employees are entitled ato COEs.

10employment - Certificate of employment Empty Re: Certificate of employment Fri Sep 07, 2018 4:41 pm

lukekyle


Reclusion Perpetua

at least with my experience with dole (only two instances) employers are not required to provide COE to active employees.
you can also deduce from all the bills filed in congress seeking to put a timetable and increasing penalties (filed by manny villar and pia cayetano) only employees that have been separated from their employment can demand for a COE.
i Just confirmed this right now via dole hotline #1349

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