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Generally, the employer should issue a resignation certificate at the time of resignation.
It is illegal not to issue one, although it is now impossible to initiate labor arbitration.
However, after one year, it is still within the statute of limitations for civil litigation, and the unit can be requested to make up for it.
After the employee has gone through the formalities of resignation and handover in accordance with the law, the employer must issue a certificate of termination of the labor contract.
i.e. proof of resignation), along with the employee's salary, deposit and financial compensation.
Yes, it must be cleared and returned. The employer shall not arbitrarily deduct or refuse to refund the arrears, and the parties concerned may request settlement when going through the resignation formalities. Otherwise, you can go to the labor bureau to complain or report the employer's violations of laws and regulations.
When both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
Therefore, it is very important to go through the resignation procedures in accordance with the law in order to protect your legitimate rights and interests. At the same time, it is also a clear procedure for terminating the labor relationship with the employer.
According to the Interim Provisions on Payment of Wages.
Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.
In accordance with the Labor Contract Law of the People's Republic of China.
Stipulate. Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration and overtime pay within a specified period of time.
or financial compensation; Labor remuneration is lower than the local minimum wage.
shall pay the difference; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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Yes, too! Otherwise, you can go to the stamp store to get a copy of the documents.
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Legal analysis: After one year of resignation from the company, the company can still issue a resignation certificate. You can negotiate with the company to issue additional issuance. The law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.
Legal basis: Labor Law of the People's Republic of China Article 31 An employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.
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Summary. Within fifteen days. The main purpose of this provision is to avoid hiring employees who have not left the company, so that unless the original company does not pursue it, the new company will be jointly and severally liable.
After resignation, the company must issue a resignation certificate. The resignation certificate is a proof of the dissolution or termination of the labor contract between the employee and the original employer, and is also an important information for the employee to apply for unemployment insurance benefits.
Legal basis: Article 50 of the Labor Contract Law The employer shall issue a certificate of dissolution or termination of the labor contract at the same time as the termination or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. ”
How long does it take for the company to leave the company, but also ask the company to issue a certificate of resignation.
Within fifteen days. The main purpose of this provision is to avoid hiring employees who have not left the company, so that unless the original company does not pursue it, the new company will be jointly and severally liable. After resignation, the company must issue a resignation certificate.
The resignation certificate is a proof of the dissolution or termination of the labor contract between the employee and the original employer, and is also an important information for the employee to apply for unemployment insurance benefits. Legal basis: Article 50 of the Labor Contract Law The employer shall issue a certificate of dissolution or termination of the labor contract at the same time as the termination or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
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