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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S~ No. 152 
Introduced by SENATOR PIA S. CAYETANO 
EXPLANATORY NOTE 
'13 Jill -1 
P3:24 
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 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. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 152 
Introduced by SENATOR PIA S. CAYETANO 
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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 the 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. CERTIF/CA TION 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. 
I 
SECTION 2. Penalty. - Any person, corporation, trust, firm, partnership, 
association or entity which refuses to issue the certification req uired 6nder this 
Act shall be punished by a fine' not exceeding Twenty Thousand Pesos (Php 
20,000.00) and/orimprisonment 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. Implementing 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,