Why does the new company ask for the original resignation certificate issued by the original company

The new company requires a resignation certificate issued by the original company.

The original is to ensure that the newly recruited employee does not have any employment relationship with the original employer.

If an employee is recruited and the original employer has not terminated the labor contract, the new employer will also be jointly and severally liable for the losses caused to the original employer.

Target. In accordance with the Labor Contract Law of the People's Republic of China

Article 89 Where an employer violates the provisions of this Law and fails to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections.

If any damage is caused to the worker, he shall be liable for compensation.

Article 91 Where an employer recruits a worker whose labor contract has not been dissolved or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

This is a must, and the personnel department of the original unit knows that it is necessary, and knows what it is for, and knows how it should be opened.

This certificate is used to prove that you are currently in a state of resignation and do not have an employment contract with any company. The labor law stipulates that a person cannot sign an employment contract with two companies at the same time, otherwise, the unit that signed the employment contract later will be held legally liable.

In other words, this certificate is used to prepare for a lawsuit, and of course the original needs to be used.

This certificate is also a personal constraint on you, if you deceive the company - you have not terminated the contract with the original company, but you provide false proof, then the original company will sue the new company, you will be held legally liable.

In reality, generally speaking, the original company will issue you a certificate without discounting, and it is a fact-seeking issue, and the time difference between the time of the resignation certificate and your arrival at the new company, as long as it is not too long, does not matter, and does not affect the validity of the certificate.

It can be issued by the original company. To be precise, the original company will take the initiative to issue a resignation certificate. Because you will need it when you receive the housing provident fund.

Need. The resignation certificate is a written proof of the termination of the labor relationship between the employer and the employee, and is a written material that must be issued by the employer after the termination of the labor relationship with the employee. After resignation, the employee must be provided with the certificate of termination of the labor contract of the original employer to the new company.

At the same time, the employee is also obliged to submit the certificate of termination of the labor contract issued by the original employer, i.e., the resignation certificate, to the new employer, so as to avoid labor disputes due to problems left over from history.

In general, the original should be kept for the new unit. Because this certificate is issued for the new unit, if there is a problem with the certificate, this certificate is to be used for litigation. And photocopies can't do that.

You can keep the copy yourself, you can ask the company to affix the official seal on the copy, and indicate: this document is consistent with the original, and the original has been kept with the company's human resources department.

According to the labor law, a person cannot sign an employment contract with two units at the same time, otherwise, the second company will be held legally liable. For this reason, the second company requires the employee to show proof that the employee has terminated the labor contract with the original employer to prove that it is legal to hire the employee. Therefore, the second company (the new company) asks for the original certificate that the employee has left the company.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: The new company requires the original resignation certificate issued by the original company to ensure that the newly recruited employees have no labor relationship with the original unit, and if the employees who have not terminated the labor contract with the original unit are recruited, the new employer will also be jointly and severally liable for the losses caused to the original unit.

Legal basis: Labor Contract Law of the People's Republic of China

Article 89 Where an employer violates the provisions of this Law and fails to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 90 An employer shall be jointly and severally liable for compensation if it recruits a worker whose labor contract has not been terminated or terminated by another employer, causing losses to the other employer.

It can be issued by the original company. To be precise, the original company will take the initiative to issue a resignation certificate. Because you will need it when you receive the housing provident fund.

1. After you issue the certificate, the company can avoid the risks that may be taken, such as people who have not left their jobs (competitors are in trouble), people who have left their jobs abnormally, and people who have violated the law and committed crimes.

2. In addition, because the Labor Contract Law stipulates that if the company hires a person who has not terminated the labor relationship with another company, and causes losses to the original employer, the new employer shall be liable for compensation. This means that the employee has not terminated the contract with the previous company, and the new company is also burdened with the responsibilities of the employee's previous company.

The importance of proof of separation.

What the law says.

Article 50 of the Labor Contract Law stipulates that when a labor contract is dissolved or terminated, the employer shall issue a certificate of dissolution or termination of the labor contract for the employee, and the resignation certificate shall clearly state the term of the labor contract, the date of dissolution or termination of the labor contract, the position of the employee, the number of years of service in the employer, and other information.

Therefore, in order to avoid employment risks, the company requires the employee to provide the "Certificate of Dissolution or Termination of Labor Contract" issued by the original employer when the employee joins the company, so that the employee can get the opportunity to sign a contract with the new employer.

It is illegal not to issue a resignation certificate.

Someone said that the company wouldn't let me go, didn't issue a resignation certificate, and I passed the interview with the new company.

Article 89 of the Labor Contract Law stipulates that if an employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

The Social Insurance Law stipulates that an unemployed person shall promptly register as unemployed at a designated public employment service agency with a certificate of termination or dissolution of labor relations issued by his or her employer. An unemployed person shall go through the formalities of receiving unemployment insurance money at the social insurance agency on the basis of his unemployment registration certificate and personal identity certificate.

The period for receiving unemployment insurance money is calculated from the date of unemployment registration.

The certificate of termination or dissolution of the employment relationship issued by the employer is a necessary condition for the employee to register as unemployed.