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The resignation certificate is issued by the employer, and you have no right to change it without authorization.
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[Legal Analysis].
If the employee wants to change the date of the resignation certificate, he or she must negotiate with the company's human resources department and obtain consent before revising the information on the resignation certificate. The departing employee can apply to the Human Resources Department for a certificate of resignation, and the Resignation Certificate issued by the Human Resources Department only certifies the date of employment, position and reason for resignation of the departing employee. 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.
[Legal basis].
Labor Law of the People's Republic of China Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.
Labor Contract Law of the People's Republic of China
Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
Article 44 Under any of the following circumstances, the employer shall pay the wages and remunerations higher than the wages of the workers for normal working hours in accordance with the following standards: (1) if the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150 percent of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
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There is no time limit, and if you need to do it, you can ask the employer to issue it when you do it, because this is an obligation to the employer in accordance with the relevant laws. The resignation certificate is to prove the time when you terminated the employment relationship with the company, and after the resignation of the employee expires, the resignation procedures are completed, and the employer must issue a resignation certificate for the employee in accordance with 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. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions, it shall pay it at the time of completion of the work handover.
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Legal analysis: Write which day you will handle it. 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.
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.
Legal basis: Labor Law of the People's Republic of China
Article 97 Where an invalid contract concluded due to reasons attributable to the employer causes damage to the worker, the employee shall be liable for compensation.
Article 98 Where an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.
Article 99 Where an employer recruits a worker whose labor contract has not yet been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with law.
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Legal analysis: According to the provisions of the Labor Contract Law of the People's Republic of China, the employee has the right to request the employer to issue a resignation certificate at the same time as the termination or termination of the labor contract.
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 complete the formalities for the transfer of the employee's file and social insurance relationship within five days of the expiration of the tenth grade.
Article 89 Where an employer violates the provisions of this Law by failing 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.
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A certificate of resignation can be requested at the time of resignation.
According to 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 files and social insurance relations for the employee within 15 days. According to Article 89 of the Labor Contract Law of the People's Republic of China, 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.
Separation time is required by law.
At present, the labor law stipulates that it takes 30 days for a regular employee to resign, and an employee who resigns can terminate the employment relationship by notifying the employer in writing one month in advance. After the employer proposes to terminate the labor contract with the enterprise, some employees voluntarily leave the company after notifying the employer in writing 30 days later, ignoring the employer's claim for compensation, and the employer may not handle the personnel relations and file transfer procedures for the employee. If the employee's personnel relations and files remain in the original employer for a long time after resignation, the employee will not be able to go through the normal recruitment procedures in the new work order transportation position, and will not be able to obtain personal materials including files, and will not be able to pay labor insurance.
Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Obligations of both parties after the dissolution or termination of the labor contract] 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 files and social insurance relations for the employee 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.
Article 89 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Legal Liability for Failure to Issue Written Certificates of Dissolution or Termination] If an employer fails to issue a written certificate of dissolution or termination of a labor contract to an 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.
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There is no clear time for the issuance of the separation certificate. The resignation certificate can be requested at the time of resignation. 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, and the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.
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