[SioUSEOE REPRESENTATIVES
RECEIVED
pate: 05 JUL 2016
a

SEVENTEENTH CONGRESS

CONGRESS OF THE PHILIPPINES Te: 30
First Regular Session Ry: x
HOUSE OF REPRESENTATIVES SES
1176 | REGISTRATION UNIT
House Bill No. ‘ BILLS AND INDEX SERVICE

Introduced by REPRESENTATIVE PIA S. CAYETANO

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 a “certification of employment” to employees who resigned or were

terminated

The present implementing rules and regulations of the Labor Code
ordain the issuance of such certification when it promulgated this section:

“SECTION 6. 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 6, Rule XXIII, Book V, Rules
Implementing The Labor Code)

However, experience has made it abundantly clear that this rule is
honored more in its breach than in its observance.

Thus, this bill seeks to institutionalize the employment certification
requirement by legislating the above-cited rule thereby doing away with the
question as to its legality, and further prescribing a period for the employers to
comply with the request and providing a penal sanction for its violation,

The early passage of this bill is earnestly recommended.

pa A (aupfaws
PIA S. CAYETANO


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SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES

House Bill No. L176

Introduced by REPRESENTATIVE 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 of Representatives of the Philippines
in Congress assembled

SECTION 1, There shall be incorporated after Article 286 of Presidential
Decree No, 442, as amended, otherwise known as “The Labor Code of the
Philippines,” a new Article 286-A, which shall read as follows:

ARTICLE 286-A. CERTIFICATION OF EMPLOYMENT. - A
RESIGNED, DISMISSED OR SEPARATED EMPLOYEE
SHALL, WITHIN FIVE (5) WORKING DAYS UPON REQUEST,
BE FURNISHED A CERTIFICATION FROM THE EMPLOYER
SPECIFYING THE DATES OF ENGAGEMENT AND
TERMINATION OF EMPLOYMENT, POSITION HELD, BRIEF
JOB DESCRIPTION, AND THE LATEST SALARY.

SEC. 2 Penalty, — Any person, corporation, trust, firm, partnership,
association or entity which refuses to issue the certification required under this
Act shall be punished by a fine not exceeding Twenty Thousand Pesos (Php
20,000.00) and/or imprisonment of not less than one (1) year.

If the violation is committed by a corporation, trust, firm, partnership,
association or entity, the penalty of imprisonment shall be imposed on the
officer responsible therefor.

SEC. 3. Implementing Rules. ~ The Secretary of Labor and Employment shall
promulgate the necessary rules and regulations to implement the provisions
of this Act

SEC. 4. Repealing Clause. — All laws, rules and regulations inconsistent with
this Act are hereby repealed, amended or modified accordingly.


1 SEC. 5. Effectivity Clause. - This Act shall take effect fifteen (15) days
2. following the completion of its publication in the Official Gazette or in any two
3 (2) newspapers of general circulation.

Approved,