EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S E N A T E
S. No. 5
•19 
JUL 16 
A 8:53
r 02
Introduced by Senator PIA S. CAYETANO
AN ACT
REQUIRING THE ISSUANCE OF EMPLOYMENT CERTIFICATION IN  FAVOR 
OF RESIGNED, DISMISSED OR SEPARATED EMPLOYEES AND PROVIDING 
PENALTIES FOR VIOLATION THEREFOR, AMENDING FOR THIS PURPOSE 
THE LABOR CODE OF THE PHILIPPINES
EXPLANATORY NOTE
This representation's free legal advice program was swamped with labor 
problems, most common of which, was the blatant refusal of employees to issue 
"certification of employment" to employees who resigned or was terminated.
The present implementing rules and regulations of the Labor Code ordain the 
issuance of such certification when it promulgated this section:
"SECTION 10. Certification of Employment. -  A dismissed 
worker shall be entitled to receive on request, 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." (Section 10, Rule XIV, Book V, of the Omnibus Rules 
Implementing The Labor Code)
But experience has made it abundantly clear that the abovementioned rule is 
honored more in its breach than in its observance.


This bill seeks to institutionalize this employment certification requirement by 
legislating the above-cited rule thereby doing away with the question as to its 
legality prescribing a period for the employers to comply with the request and by 
providing a penal sanction for its violation.
The early passage of this bill is earnestly recommended.
PIA sfcAYOTANO


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
S E N A T E
502
S. No.
'19 
JUL 16 
A 8 -53
r.::
Introduced by Senator PIA S. CAYETANO
AN ACT
REQUIRING THE ISSUANCE OF EMPLOYMENT CERTIFICATION IN  FAVOR 
OF RESIGNED, DISMISSED OR SEPARATED EMPLOYEES AND PROVIDING 
PENALTIES FOR VIOLATION THEREFOR, AMENDING FOR THIS PURPOSE 
THE LABOR CODE OF THE PHILIPPINES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. There shall be incorporated after Article 301 (formerly Article 286)
2 
of Presidential Decree No. 442, as amended, otherwise known as "The Labor Code
3 
of the Philippines," a new Article 301-A, which shall read as follows:
4 
ARTICLE 
301-A. 
CERTIFICATION OF EMPLOYMENT. 
-  A
5 
RESIGNED, DISMISSED OR SEPARATED EMPLOYEE SHALL, WITHIN
6 
FIVE (5) WORKING DAYS UPON 
REQUEST, 
BE FURNISHED A
7 
CERTIFICATION FROM THE EMPLOYER SPECIFYING THE DATES OF
8 
ENGAGEMENT AND TERMINATION OF EMPLOYMENT, 
POSITION
9 
HELD, BRIEF JOB DESCRIPTION, AND THE LATEST SALARY.
10 
Sec. 2. 
Penalty. -  Any person, corporation, trust, firm, partnership,
11 
association or entity which refuses to issue the certification required under this Act
12 
shall be punished by a fine not exceeding Twenty Thousand Pesos (Php 20,000.00)
13 
and/or imprisonment of not less than one (1) year.
14 
If the violation is committed by a corporation, trust, firm, partnership,
15 
association or entity, the penalty of imprisonment shall be imposed on the officer
16 
responsible therefor.


1 
Sec. 3. Implementing Rules. -  The Secretary of Labor and Employment shall
2 
promulgate the necessary rules and regulations to implement the provisions of this
3 
Act.
4 
Sec. 4. Repealing Clause. -  All laws, rules and regulations inconsistent with
5 
this Act are hereby repealed, amended or modified accordingly.
6 
Sec. 5. Effectivity Clause. -  This Act shall take effect fifteen (15) days
7 
following the completion of its publication in the Official Gazette or in any two (2)
8 
newspapers of general circulation.
Approved,