THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
'04 SEP 23 P4 5 9  
c1 
First Regular Session 
) 
S E N A T E  
:--- 
18 
S.B. No. 
Introduced by SENATOR COMPANERA 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 
"certification of employment" to employees who resigned or was terminated. 
the issuance of such certification when it promulgated this section: 
The present implementing rules and regulations of the Labor Code ordain 
"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) 
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 
&J t.%b 
COMPAG RA P 
S. CAYETANO 
Senator 


. 
F 
"04 SEP 23 P 4  5 9  
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
:- 
S.B. No. 
Introduced by SENATOR COMPANERA 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 /t enacted by the Senate and House of Representafwes of the Phrhppmes /n 
Congress assembled 
SECTION 1. There shall be incorporated afler 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. CERTlFlCATlON 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. 
SECTION 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. 
SECTION 3. 
lmplemenfing Rules. - The Secretary of Labor and 
Employment shall promulgate the necessary rules and regulations to implement 
the provisions of this Act. 
SECTION 4. Repealing Clause. - All laws, rules and regulations 
inconsistent with this Act are hereby repealed, amended or modified accordingly, 
SECTION 5. Effectivity Clause. - This Act shall take effect fifteen (15) days 
following the completion of its publication in the Official Gazette or in any two (2) 
newspapers of general circulation. 
Approved,