Is the notice of termination of the employment contract considered a resignation certificate?

The notice of termination of the employment contract is not considered as a resignation certificate. 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 between the employer and the employee. Employees should also pay attention to asking for the notice of termination or termination of the labor contract and the resignation certificate, so as to legally protect their rights and interests.

Legal analysis

The resignation certificate is generally issued by the original employer to the employee and submitted to the new employer, because according to the law, the employer shall be jointly and severally liable for compensation if it recruits an employee who has not dissolved or terminated the labor contract with another employer and causes losses to the other employer, so the resignation certificate can prove that there is no employment relationship with the other employer when the employee joins the new employer. The resignation certificate is issued by the employer when the employment contract is dissolved or terminated, and the notice of termination or termination of the employment contract is served by the employer to the employee one month in advance or when the employment contract is dissolved or terminated. If an employer fails to issue a resignation certificate to an employee in violation of regulations, the relevant department shall order it to make corrections and cause damage to the employee, it shall be liable for compensation, such as the loss of the employee's inability to find employment, or the loss of the employee's inability to go through the formalities for receiving unemployment insurance benefits.

If the employer dissolves or terminates the labor contract in violation of the law, it shall, at the option of the employee, order the employee to continue to perform the labor contract or pay compensation to the employee in accordance with twice the prescribed economic compensation standard.

Legal basis

Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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.

Summary. Dear, I'm glad to answer for you; Yes. Write a certificate of resignation.

If an employee signs a termination labor contract and also needs a resignation certificate, 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.

Dear, I'm glad to answer for you; Yes. It is necessary to write a resignation certificate. If an employee signs a labor termination contract and also needs a resignation certificate, the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and handle the file and social insurance relationship transfer for the employee within 15 days.

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 shall go through 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. If the employer shall pay economic compensation to the worker in accordance with the relevant provisions of this Law, it shall be paid 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.

Do I need to issue a resignation certificate after the employee has been issued a notice of termination of employment?

Dear, needed.

Okay, there is another question, the company's financial responsibility is to leave the company, if there is no clear handover of the work, can the company not give her a certificate of resignation? After the handover is completed, the invoice will be issued.

Dear, yes.

Legal analysis: The certificate of termination of the labor contract is usually issued by the employer to the employee when the employee and the employer terminate the labor contract, and the employee has completed the resignation procedures in accordance with the law. If the employer fails to do so, the employee may request the employer to issue such a certificate in accordance with the law.

If the employee fails to issue the resignation as required and resigns, the employee shall be liable for compensation if the employee causes losses to the employer.

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. A labor contract concluded in accordance with the law is binding, and the employer and the employee shall fulfill the obligation of friendship as 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 the employment of the employee, the labor 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.

The certificate of termination of the labor contract is not the same as the certificate of resignation. The termination of the labor contract is the result of the agreement between the employer and the employee, while the resignation certificate is unilaterally submitted by the employee. The types of termination of labor contracts are as follows: mutual agreement between the two parties; There are three types of unilateral termination by the employee and unilateral termination by the employer.

OneIs the certificate of termination of the employment contract the same as the certificate of resignation?

The certificate of termination of the employment contract is not the same as the certificate of resignation. The resignation certificate indicates that the employee has unilaterally terminated the labor contract on his own initiative; The termination of the labor contract means that the employer and the employee have negotiated to terminate the labor contract. The difference between the two is mainly reflected in the difference in labor compensation.

Please be reminded that whether it is a resignation certificate or a termination of the labor contract, it means that there is no legal employment relationship with the original employer, and it will not affect your signing of the labor contract with the new employer.

IITypes of labor contract terminations

Types of labor contract terminations

1.The employer and the employee may terminate the labor through mutual agreement.

There are no substantive and procedural restrictions on the termination of an employment contract through negotiation, as long as both parties reach an agreement and the content, form and procedure do not violate the prohibitive and mandatory provisions of the law.

If the employer proposes to terminate the labor contract, the employer shall pay the employee severance for the termination of the labor contract.

2.If the unilateral termination of the labor contract by the employee meets the conditions prescribed by law, the employee has the right to unilaterally terminate the labor contract without the need for both parties to reach an agreement through negotiation or to obtain the consent of the employer. Specifically, it can be divided into notice cancellation and immediate release.

3.If the employer unilaterally terminates the labor contract, i.e., meets the conditions prescribed by law, the employer has the right to unilaterally terminate the labor contract without the need for both parties to reach an agreement through negotiation. It mainly includes three situations: fault, non-fault dismissal, and economic layoff.

If the employee and the employer reach an agreement through consultation, and the employee notifies the employer in writing 30 days in advance, the employee may terminate the labor contract if the rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of the employee.

IIIWhere to get the certificate of dissolution or termination of the labor contract?

The certificate of dissolution or termination of the labor contract shall be obtained by the employee himself from the employer. The employer shall issue a certificate of termination of the labor contract upon termination, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.