3 Mistakes Bosses Make When Making a Certificate of Employment

[@serdmelen]

I liked the part where you did a role play

[@arsdhumanresource5152]

Thank you very much Atty.

[@LegalGuidePhilippines]

Any time!

[@Addictivity16]

Hi Atty’s, in line with COE along with final pay, pursuant to Labor Advisory 6-2020, if an employer does not comply with the specified time allotted with no hindrances or any problems along the way, can we file a complaint for that?

[@ramontituscando3357]

is it right that the Coe has a disclaimer on it?

[@MJeremiahM]

Hello Atty, about COE, i resigned due to constructive dismissal, and waiting for Labor Arbiter's decision, my employer puts it in my COE as "This further certifies that the abovementioned is cleared of all her/his obligation and accountabilities during the time of her/his employment but currently with company's pending case. " . is this legal to do ? it will obviously make my job hunting difficult.

[@mychois0726]

Atty Erwin, need po ba na may reason kung saan gagamitin ang COE? Like loan application? or pwedeng for whatever legal purpose it may serve ang ilagay? Kasi noong nanghingi ako ng COE dapat daw may reason kung saan gagamitin.

[@marantonio9103]

If the employee was fired for commiting a fraud against the employer and the latter in fact lost money by reason of the fraudulent acts commited by the employee, but the employee subsequently filed a labor case for illegal dismissal against the emoyer, I think it is just fair for the employer to return the favor by being honest in stating the true facts in the COE that the employee was employed from this date until he was TERMINATED on a certain date.

[@LegalGuidePhilippines]

That's an interesting point of view. You have a point as well there.

[@jekoyokej]

Hello po Atty. ask ko lang po kung pwede mag request ulit ng COE because I lost it due to typhoon.

[@jannencastro9992]

Hello po Atty., my friend submitted a written immediate resignation letter due to health issues with medical certificate. HR tagged her as AWOL and indicated on her COE "relieved from all responsibilities due to grave misconduct." Is this a legal basis to conclude that the employee was terminated due to Grave Misconduct? What are the grounds for terminating an employee due to Grave Misconduct? Thank you so much.

[@anamichellehernandez4506]

Hello Atty. good day po. Would like to ask lang po employee is less than 2 weeks hired and requesting for COE for LTOPF requirement . Are we obliged now to issue the COE he requested? Thank you so much po

[@LegalGuidePhilippines]

Yes. As long as employee na po, there is basis to issue the COE.

[@jokoleynes9060]

Is this law applicable to gocc employees?