wont release COE

Hi. I need an advice on what to do. I resigned from my prev company 6 years ago. I followed the clearance process. However they wont give me my COE because i still owe them 7k plus as a negative pay due to overused leave credits. I remember i had leaves before because of sickness then i resigned. I was not aware too that all my approved leaves were paid. Now i am going back to school and one of the reqs is too present COE (part of eteaap). As far as i know, each employee is entitled for certain amount of leave credits and if you will go beyond that then it will be unpaid. I need your help. Should I go to NLRC for this?

Before a COE can be released, you must be cleared of all accountabilities first. That is why there is a thing called 'CLEARANCE". If you are NOT cleared, then you have accountabilities.

Have you talked to your HR why you were being charged of the amount? Try clarifying it first. We cannot give you a definite answer yet because your story lacks other information.

Yes and the reason is I still need to pay them 7k plus for overused leave credits. I could not pay that amount and at the same time badly need my coe for schooling requirements.

Additionally they told me that I dont have anymore last pay that I should pay them 7k instead.

tama ba pag kaintindi ko, may utang ka sa kanila and yet your insisting a clearance be issued?

My concern is why na overpaid ako sa leaves wherein may specific number of leave credits lang na pwede maging paid leaves ung sobra would be unpaid na. Then how about may last pay? I asked them pero no reply.

it doesn't matter why. It just matters if it happened or not

Are your sick leaves justified with a medical certificate from a doctor? Did you follow the protocol for applying for sick leave under your employee handbook?

It is presumed that an employee is apprised of the rules and regulations of the company he works with after receiving the employee handbook, especially if the contents of such were already explained by HR officers or any other administrators of similar duty. Furthermore, an employee has all the right to ask his superiors or HR department for any provision indicated in the handbook that he is confused with for further clarification.

As for the leave credits, if such provisions are explained and included in the employee's handbook, then it is presumed that you are knowledgeable of such. Due diligence dictates that you should have followed up your situation with your previous employer, especially since you needed to secure a Certificate of Employment for future reference.

Clarify everything first with your previous employer, and ask if there is any other recourse you could do in order for you to get your COE. You may have to pay the P7000 you owe the company for you to acquire said COE (maybe paying it under installment basis), unless you have compelling proof that the HR's basis lacks any merit.