If you get a resignation certificate, you can t apply for labor arbitration

As long as the employer infringes on your legitimate rights and interests, and within the one-year limitation period for arbitration, you can apply for labor arbitration. But there is evidence, and evidence is the key to winning arbitration and litigation. It is recommended that you take an hour to read the "Labor Contract Law" and the "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and better protect your legitimate rights and interests, which will benefit you for the rest of your life.

Pay attention to gathering evidence to prove your years of employment, overtime, etc. This is important if there is arbitration or litigation in the future. If you still don't understand, you can come and ask me.

Of course, you can apply for labor arbitration after leaving your job. The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

Legal basis: Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 27 The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.

The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated. However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Legal analysis: According to the regulations, after resignation, your original company is obliged to provide a resignation certificate, if the company does not provide it, you can complain to the labor inspection department, or you can apply for labor arbitration to require the employer to fulfill their obligations and issue a pre-employment hail certificate.

Legal basis: Article 79 of the Labor Law of the People's Republic of China After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties wants to ask for arbitration, it may apply to the Labor Dispute Arbitration Commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is not satisfied with the arbitration, he or she may file a lawsuit with the people's court.

Legal analysisIt is the legal obligation of the employer to issue a resignation certificate. It can be resolved through negotiation with the employer, but if the negotiation fails, if the employer refuses, it can arbitrate to demand the performance of obligations. Procedures for Arbitration of Labor Disputes:

1. Application and acceptance. When a party applies for arbitration, it shall submit a written application for arbitration, and submit a copy of the judgment according to the number of respondents. 2. Preparation.

The arbitration commission shall make necessary preparations before hearing the case, including serving the statement of application to the respondent, serving the statement of defence to the claimant, forming the arbitral tribunal and notifying the parties of the constitution of the arbitral tribunal, informing the parties of their right to file a challenge application, and notifying the parties in writing of the date and place of the application. 3. Trial. Before the formal hearing, the arbitral tribunal shall first conduct mediation between the parties, and if a mediation agreement is reached, it shall prepare a mediation statement to close the case.

If the parties do not agree to mediation, the trial shall continue. 4. Ruling.

Legal basisLabor Dispute Mediation and Arbitration Law of the People's Republic of China Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.