Can I issue a resignation certificate if I have not gone through the resignation procedures?

If the unit does not issue a resignation certificate, it may appeal or make a complaint to the labor inspection department. Article 50 of the Labor Contract Law of the People's Republic of China stipulates that 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.

Article 89 stipulates that if 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.

According to Article 50 of the Labor Contract Law, 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 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.

If you do not go through the work handover and related procedures, you may not be able to issue a resignation certificate, and it is recommended to complete the procedures.

Labor Contract Law of the People's Republic of China Article 50 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.

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Resignation requires a resignation certificate, and the functions of the resignation certificate are as follows:

1. The employer prevents the employee from working for more than two points at the same time, so as to reduce the probability of leakage of company secrets or other special needs;

2. The new employer is worried that the parties and the original employer still have unresolved matters involving labor relations. If a worker is hired who has not terminated the relationship with the original employer, the new employer will be liable.

3. When resigning, the unit must issue a resignation certificate, no resignation certificate, it means that it is still an employee of the unit, and the social security center will not accept any request from the parties, whether it is a voluntary resignation or passive resignation, the unit needs to issue a resignation certificate, at least a notice of termination of the labor contract (labor relationship).

Legal basisArticle 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases.

If an employer hires a worker whose labor contract has not been terminated, the new employer may be listed as a third party in the labor dispute between the original employer and the employee. Where the original employer files a lawsuit with the people's court on the grounds of infringement by the new employer, the worker may be listed as a third party. Where the original employer files a lawsuit with the people's court on the grounds that the new employer and the employee jointly infringe, the new employer and the employee are listed as joint defendants.

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

The employer's responsibility for not issuing a resignation certificate.

The resignation certificate is used many times in life, such as applying for a new company, the company requires a resignation certificate, but the family reform base does not have it, so what should I do at this time? Regarding this issue, I will explain the relevant content for you below, for your reference and learning, I hope it will be helpful to you.

1. How to handle the resignation certificate without a resignation certificate after resignation

However, if you accidentally lose the resignation certificate, you can also ask the original unit to issue a resignation certificate for yourself.

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. It is used to prove that the employee no longer has an employment relationship with the employer at this time, so the employee should keep the resignation certificate properly.

2. Relevant provisions on resignation certificates

China's current law does not yet have a complete and clear provision on the employer to issue a certificate of dissolution or termination of labor contract, only the "Unemployment Insurance Regulations" promulgated in 1999 stipulates that urban enterprises and institutions shall promptly issue a certificate of termination or dissolution of labor relations for unemployed persons from the perspective of handling unemployment insurance registration and enjoying unemployment insurance benefits. Article 99 of the Labor Law stipulates that if an employer recruits a worker whose labor contract has not been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with the law.

This has also triggered social discussions and calls that employees should hold a resignation certificate when they are re-employed, and that the original employer should issue a resignation certificate for the employee. Drawing on international experience, in order to safeguard the order of the labor market and the rights and interests of employees, this Law clarifies the legal obligation of the employer to issue a certificate of dissolution or termination of the labor contract.

The resignation certificate issued by the Human Resources Department only proves the date of employment, position and reason for resignation. Generally, a dismissed employee is issued a dismissal certificate instead of a resignation certificate.

Since there is no specific unit for the certificate of resignation, it is not necessary to write the name and address of the recipient, but only the date of issuance of the certificate.

Through the above explanation, we can understand that if there is no resignation certificate, the original unit can re-issue a new one, and such an important document should still be kept well in normal times, I hope you understand.

For example, if the resignation certificate cannot be issued, it is necessary to issue three different efficiency certificates: First, if the labor contract expires: this contract can be taken to the social security department to go through the unemployment procedures and receive unemployment benefits.

Second, if the labor contract has not expired and the company dismisses you, you can also go to the social security department to handle the unemployment record with the same certificate as "one", and you can receive unemployment benefits. Third, if the contract has not expired and you apply to leave the company, in this case, the company must also issue a certificate to explain that you have terminated the labor relationship with the company due to personal reasons, and in this case, you cannot get the certificate to the social security department to register for unemployment and receive unemployment benefits. If the company does not agree to issue a certificate of termination of labor relations for you, you can file a complaint with the labor arbitration department and ask them to do so.

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

If the company refuses to issue a termination of the labor contract, it can file a complaint with the labor department.

According to the Labor Law, 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. If the employer 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. The Social Insurance Law also stipulates that if an employer refuses to issue a certificate of termination or dissolution of the labor relationship to the employee when terminating or dissolving the labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation in accordance with the law.

1. Is the notice of termination of the insurance ** contract a proof of resignation?

The notice of termination of the insurance ** contract is not a proof of resignation, and the resignation of the insurance employee needs to be submitted in writing to the labor and personnel department of the employer 30 days in advance. If you continue to work for 30 days, you can stop working on the 31st day, and you have the right to request the employer to go through the formalities of resignation, and the employer should handle it, and at the same time pay your wages in full (Article 9 of the Interim Provisions on Payment of Wages) and issue you with a certificate of termination of the labor contract (Article 50 of the Labor Contract Law), otherwise it is illegal to use the Huai infiltration unit.

Article 31 of the Labor Law stipulates that an employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

Article 37 of the Labor Contract Law stipulates that an employee may terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.

2. What is the function of the resignation certificate?

1) It proves that the employer and the employee have dissolved or terminated the employment relationship;

2) It is to prove that the resignation of the departing employee was handled in accordance with the normal procedures, and there is no dispute between the employee and the original employer;

3) It is to prove that the departing employee is already a free person and can apply for unemployment benefits or apply for a new position;

4) It is possible to use this proof to transfer the personnel relationship, social security, provident fund, etc. of the departing employee;

5) It can prove the relevant work experience of the departing employee in the original unit, which is conducive to the application of relevant positions.

The resignation certificate does not have to be given on the day of departure. The resignation certificate is a general unit that requires employees to submit an application one month before leaving the company, and they can only leave the job after the job is handed over. 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.

Article 89 of the Labor Contract 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 labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.