Are Dismissed Workers Entitled To Certificate Of Employment?

A certificate of employment (COE) is proof of previous employment. Whether you have resigned or have been terminated, you are still entitled to certificates of employment. Some companies require applicants to secure a COE as part of the pre-employment process.  Under Section 10, Rule 14, Book 5 of the Labor Code, dismissed workers are entitled to request or receive a certificate from his/her employer. The certificate shall specify the dates of the employee's engagement and termination, types of work on which he/she was employed. You need to be cleared by the company before you can request for a COE.  Aside from refusal to provide COE to dismissed workers, DOLE will also entertain complaints on unfair labor practices:

UNFAIR LABOR PRACTICES OF EMPLOYERS

Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:

1. To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
2. To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;
3. To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
4. To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;
5. To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement: Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent;
6. To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
7. To violate the duty to bargain collectively as prescribed by this Code;
8. To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; or
9. To violate a collective bargaining agreement.

The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)