How to Apostille a Certificate of Employment (COE) from the Philippines

Remember the days when processing all documents for use abroad would take several months, from securing from private and public institutions to submitting to the Department of Foreign Affairs (DFA) for the attachment of the “red ribbon,” and having them authenticated by the embassy or consulate of the destination country in the Philippines. In most cases, there would be additional authentication requirements after arrival in the country.

With the accession of the Philippines to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, or the Apostille Convention, in 2019, the process has since been streamlined. For instance, a Certificate of Employment (COE) as a requirement for employment in Canada and other countries now only requires an apostille certificate issued by the DFA. Now, that saves a lot of time, money, and resources. However, this convenience does not yet apply to all situations. Still there are countries that are not party to the convention, and so authentication processes may vary.

In this article, we’ll cover the requirements and process for securing an apostille for a Certificate of Employment (COE) in the Philippines. Check other FILEDOCSPHIL blogs for related documents and for embassy legalization and attestation processes.

Certificate of Employment (COE)

The DOLE Labor Advisory 06-2020 simply defines a Certificate of Employment (COE) as “a certificate from the employer specifying the dates of an employee’s engagement and the termination of his or her employment and type or types of work in which he or she is employed.”

The certificate is usually a one-page document issued by the respective Human Resources (HR) Department or employer. The details, however, vary depending on situations or requirements of the requesting employee.

• Employer Details. Aside from the document letterhead that displays the pertinent information about the employer, such as the company name, logo, office address, and contact details, the complete employer name is also indicated in the main content of the certificate. Normally, the Human Resources (HR) Head or Supervisor is the signatory in the document as the representative of the employer.
• Employee Name. Together with the employer name, the complete name of the employee, which is normally in boldface font, is clearly provided in the main content.
• Employment Details.These include the employee’s job position or role (e.g., Marketing Staff), department or unit (e.g., Digital Marketing Department), and duration of employment (e.g., January 06, 2024 – June 30, 2024). Salary information, either monthly or annually, may also be added as may be necessary or as per request by the employee. For general purposes however, this is not usually included.

• Document Purpose.Generally, final COEs simply indicate the statement ‘issued for whatever (legal) purpose it may serve.’ Other purposes include credit card applications, loan applications, visa processing, higher education or graduate school enrollment, etc.

• Other Details.COEs may also contain other information such as relevant rewards and achievements, overall performance, and potential for certain duties. While employers are bound by law to only include factual information, legal actions may be taken against them should there be false or erroneous details.

COE Purposes

The issuance of a COE is not explicitly mandated by law. In fact, it is not mentioned in the Labor Code of the Philippines (P.D. 442), but the Implementing Rules and Regulations (IRR) of the code provide certain legal obligations and considerations that employers must adhere to for the provision of the document. Additionally, under R.A. 6715, also known as the “Herrera Law,” employees must be issued with a COE upon request. These legal provisions ensure transparency and accountability in employment relationships and help protect the rights of the workers. 

Among these legal bases, the most recent DOLE Labor Advisory 06-2020 provides the most clear definition of the certificate and other regulations for its issuance. As can be gleaned from the advisory, COEs serve various purposes, including but not limited to verification of the employee’s past and present employment status, proof income, as it may detail out the employee’s salary or compensation either monthly or annually, and legal documentation, in case of labor disputes or cases involving employee termination or separation.

COE Request and Issuance FAQs

While there can be always be a lengthy discussion surrounding the legality and technicality of the issuance of COEs, here are the frequently asked questions (FAQs) and answers for your additional reference: 

• Where can an employee request for a COE?The certificate may be requested from the company’s Human Resources (HR) Department or actual employer. Upon request, the employee has to communicate clearly the purpose, as it is normally added in the document. It is, however, a standard operating procedure for the companies and employers to release it once the employment is terminated, or the employee resigns.
• Is COE the same as clearance? The COE is NOT a form of clearance, so there must be no reason for the employer to withhold its issuance. The COE is simply a type of document that certifies the employment status and history of an employee.
• Who can request for a COE? Anybody who was and is an employee of the company can request for the document. These include the separated employees (i.e., whether by termination, resignation, separation, or end of contract) and current employees whether or not active or rendering services. Those working as part-time, probationary, contractual, seasonal, fixed term, and regular employees can also request for a COE.
• When should employers issue COEs? As per DOLE advisory, the employer must issue the certificate within three (3) days from the time of request.
• Can employers be requested for inclusion or exclusion of other details in the COE?  Yes, it is possible. However, there is no specific law that compels or forces the employers to do so.
• Can employers indicate (negative) termination reasons in the COE? The DOLE advisory does not limit the information to only the start date, end date, and type/s of work. Hence, it is NOT illegal for an employer to include facts about the employment (i.e., even the reasons for termination), provided that these are truthful,  documented, and verifiable.
• Should employees resign properly and complete clearances first before receiving COEs? No. The DOLE advisory is very clear that employees whose employment is not yet terminated may also ask for a COE, and this must be issued within three (3) days after request.

Apostille for a Certificate of Employment (COE)

If the Certificate of Employment (COE) will be used abroad, it must first be apostilled, embassy legalized, or both, depending on the destination country. The apostille, which is affixed to the paper by the Department of Foreign Affairs (DFA) in the Philippines, authenticates the origin of the document, the signature and seal of the public official or authority, and the capacity in which the certification was done, but not the content.

While the apostilled documents can be issued by and used only for countries that are party to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (i.e., also the Apostille Convention), embassy legalization or attestation is necessary if the COE will be used in counties not party to the convention. Furthermore, embassies and consulates may have varying requirements and processes for the legalization.

DFA Apostille/Authentication Process

Suppose the COE will be used in Canada, USA, Australia, or other countries party to the convention for employment purposes. The following are the requirements and step-by-step process: 

1. Secure the Certificate of Employment (COE) from the employer. As discussed above, the certificate may be requested from the employer or the Human Resources (HR) Department of the company. Based on the labor advisory, this must be issued three (3) days after filing the request.
2. Hire a legal expert for the drafting and notarization of the required affidavit. Based on the requirements by the DFA, the COE must come with a notarized affidavit stating necessary factual circumstances and indicating the certificate as an attachment. The affidavit serves as the counterpart of Certification, Authentication, and Verification (CAV) for school records and Certificate of Authority for a Notarial Act (CANA) issued by the respective Regional Trial Court (RTC) for other legal documents.
3. Secure an appointment through the DFA Apostille Application and Appointment System (AAAS). Accomplish the appointment form and select the available date for the onsite submission of documents. While there are limited slots per day for walk-in applications, it is always recommended to do the filing by appointment.
4. File the application with the DFA Consular Office.Submit the documentary requirements together with the Online Apostille Application and Appointment Letter. In the case the application will be processed by a representative, which may be advisable to busy people given the expected long waiting time, an authorization letter or Special Power of Attorney (SPA) will be required.
5. Pay the processing fee. Once the documentary requirements have been assessed by the Consular Officer, proceed to the cashier for the payment of the processing fees, which vary depending on the preferred service (i.e., either expedite or regular transaction). After payment, secure the official receipt and claim stub.
6. Claim the apostille certificate. It normally takes at least two (2) days (i.e., for expedite) after submission of the application for the DFA to release the apostille certificate. Once claimed, this may already be used abroad or in countries that are party to the Apostille Convention. Also, there is no need to have the documents to get authenticated by the destination country’s embassy or consulate in the Philippines.

Final Thoughts

Since 2019 or the time when Philippines became a party to the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, or the Apostille Convention, the apostille has already replaced the old authentication certificate (i.e., also the “red ribbon”) as proof of document authentication by an authority, except for documents for use in countries, which are still not part of the convention and those that objected to the Philippine accession. Such embassy legalization or attestation process varies depending on the regulations of the respective non-apostille countries.

While the apostille itself cuts the long, complicated, and expensive legalization process of chain authentication, and there is no need for the document to get authenticated by the embassy or consulate general of the destination country, processing the apostille certificate (e.g., for a Certificate of Employment (COE)) may still be a hassle for many given the additional documentary requirements to prepare, online scheduling of an appointment, and the need to return to the agency to pick up the document after a few days. Sometimes, it is more practical to hire a document service provider who has broad knowledge about the requirements and experience in navigating the intricate transactions with the DFA.

… and you might just need our assistance.

Need further information and assistance in processing an Apostille for your Certificate of Employment (COE)? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+63) 917 149 2337 or send an email to info@filedocsphil.com for more information.