What if I leave voluntarily due to absenteeism, and the company will not issue me a resignation cert

If you leave your job after being absent from work, and the company does not give you a resignation certificate, you can sue it.

If the employer refuses to issue such a certificate, the employee may file a complaint with the local labor inspection department.

For any reason to resign, the company will go through the relevant resignation procedures for you and issue you a resignation ticket.

If you have a resignation form, you can go through social security, provident fund and other related procedures.

Whether the provident fund can dare to come out, the key depends on the local withdrawal policy, the general foreign account, after leaving the job, you can withdraw the provident fund.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The lawyer call center invites a Hangzhou lawyer to answer this question for you) Lawyer Liu: Ask the unit to issue a certificate of retirement. If the negotiation fails, you can file a complaint with the labor department or apply for arbitration.

Lawyer Yu: If you want to go through the resignation procedures, you can go to the labor department to complain. Relevant knowledge - the employer bears legal risks if it does not issue a resignation certificate The employer shall issue a resignation certificate to the employee when dismissing the employee, and the resignation certificate shall state the term of the labor contract, the date of dissolution or termination of the labor contract, the job position, the number of years of service in the employer, and other information.

The Labor Contract Law stipulates that when an employment contract is dissolved or terminated, the employer shall issue a certificate of dissolution or termination of the employment contract for the employee, commonly known as a resignation certificate. After the implementation of the Labor Contract Law, in order to avoid employment risks, many employers require the employee to provide a Certificate of Dissolution or Termination of the 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. Therefore, when an employee leaves his or her original employer, he or she shall require the employer to issue a resignation certificate that complies with the law, and the employer has the obligation to provide a resignation certificate for the employee who has left the company in accordance with the law.

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. Therefore, if the employer refuses to issue a resignation certificate without a statutory or agreed reason, causing losses to the employee, the employee has the right to claim compensation. There are three avenues for claim:

The first is to reach an agreement with the employer to demand compensation from the employer, the second is that the employee has the right to file a complaint with the labor inspection department and coordinate with the employer to compensate for the loss, and the third is that the employee has the right to file a lawsuit for compensation from the local labor dispute committee or the people's court to demand compensation from the employer.

You are leaving yourself, and the company has the right not to open it for you. It depends on how the boss behaves.

Workers can file a complaint with the local labor department and request the labor department to investigate and deal with it. Labor Contract of the People's Republic of China.

Article 89 of the Law If an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of the labor contract to the employee, the employer shall be responsible for the labor.

The administrative department orders corrections; If any damage is caused to the worker, he shall be liable for compensation.

Legal analysis: If the absenteeism and resignation are explained to the company, and the resignation certificate can be requested, the new company needs a resignation certificate to avoid dual employment relations.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract. and within 15 days, handle the procedures for the transfer of files and social insurance relations for the workers.

The worker shall handle the handover of work in accordance with the agreement between the two parties. The employer shall issue a resignation certificate for the employee when the labor contract is dissolved or terminated in accordance with the law, go through the procedures for the transfer of social security and files, and settle the salary; If the employee's absenteeism causes losses to the employer, the employee shall be liable for compensation, and the employer may deduct the amount proportionally according to law.

Absenteeism is the absence of an employee who does not ask for leave on a normal working day or whose leave is not approved, and there is a resignation certificate for absenteeism. The employee can ask for a resignation certificate, and the new company requires a resignation certificate to avoid dual employment relationships.

Article 50 of the Labor Contract Law of Qingyan The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall 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. The employer shall issue a resignation certificate for the employee when the labor contract is dissolved or terminated in accordance with the law, go through the procedures for the transfer of social security and files, and settle the salary; If the employee's absenteeism causes losses to the employer, the employer shall be liable for compensation, and the employer may deduct the amount proportionately in accordance with the law.

It is the legal obligation of the employer to issue a resignation certificate, and the employer may appeal or complain to the labor inspection department if it does not issue a resignation certificate. When an employee terminates or dissolves a labor contract after fulfilling the relevant obligations, the employer shall issue a certificate of termination or dissolution of the labor contract as a proof of the employee's entitlement to unemployment insurance benefits, unemployment registration, and job search registration in accordance with the regulations. The certificate should state the duration of the employment contract, the date of termination or rescission, and the work performed.

If requested by the employee, the employer may objectively explain the reasons for terminating the labor contract in the certificate.

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

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 go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of the labor contract to the employee, and the labor administrative department orders it to make corrections and causes damage to the employee, it shall be liable for compensation.