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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Issuance of coe

Issuance of coe

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1Issuance of coe Empty Issuance of coe 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

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

thepoetsedge

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.

3Issuance of coe Empty Re: Issuance of coe 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).

4Issuance of coe Empty Re: Issuance of coe 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.

5Issuance of coe Empty Re: Issuance of coe 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"

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

river03


Arresto Mayor

thanks sir lukekyle for the enlightenment.

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

thepoetsedge

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?

8Issuance of coe Empty Re: Issuance of coe 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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