Can I get an unemployment certificate if I leave my job?

Those who leave their jobs on their own can apply for unemployment certificates, but they cannot receive unemployment insurance benefits.

According to Article 7 of the "Employment Registration Regulations" of the Ministry of Labor, all unemployed persons can go to the unemployment registration agency where their household registration is located to register as unemployed, fill in the registration form for unemployed persons, and receive an unemployment certificate with their household registration booklet (ID card) and relevant documents proving their original identity. With an unemployment certificate, you can enjoy employment services and go through employment procedures.

According to Article 45 of the Social Insurance Law, if the employer and the employee have paid unemployment insurance premiums for one year before becoming unemployed, and the employment is interrupted not due to the person's will, the employer has already registered as an unemployed person and has a job search request, which are the three conditions for receiving unemployment insurance money. The employee's resignation is due to the employee's own will to interrupt employment, and does not meet the statutory conditions for receiving unemployment insurance money, so he cannot receive unemployment insurance money.

If an employee resigns on his own, he can apply for an unemployment certificate, because he is already an unemployed employee at this time, and there is no reason not to apply for an unemployment certificate. However, only a certificate of termination of labor relations issued by the enterprise can be handled at the local employment service agency. In addition, if you resign for personal reasons, you will not enjoy unemployment insurance benefits, that is, you will not receive unemployment benefits.

FYI. Good luck.

Yes, you can register with the Labor Bureau!

Legal analysis: the unemployment certificate is conditional, it does not mean that you can get an unemployment certificate if you have no job, and you cannot get an unemployment certificate if you voluntarily leave your job, and the premise is that you will interrupt your employment without your will, and it is obvious that you will voluntarily leave your job.

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

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employing unit violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or the employer directs or forces the employee to perform risky work in violation of rules and regulations, endangering the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal analysis: After leaving the job, the resignation should bring his or her ID card, household registration book and the certificate of non-employment issued by the neighborhood committee or village committee where the household registration is located to the designated labor and social security service center to register as unemployed and issue an unemployment certificate.

Legal basis: Regulations of the People's Republic of China on Unemployment Insurance Article 16 Urban enterprises and public institutions shall promptly issue certificates of termination or dissolution of labor relations to unemployed persons, inform them of their right to enjoy unemployment insurance benefits in accordance with regulations, and report the list of unemployed persons to the social insurance agency for the record within 7 days from the date of termination or dissolution of labor relations. After an employee of an urban enterprise or public institution becomes unemployed, he or she shall, with the certificate of termination or dissolution of labor relations issued by his or her own unit, promptly go to the designated social insurance agency to register as unemployed.

Unemployment insurance benefits are calculated from the date of unemployment registration. Unemployment insurance premiums are paid monthly by social insurance agencies. The social insurance agency shall issue a document for the unemployed person to receive unemployment insurance money, and the unemployed person shall collect unemployment insurance money at a designated bank with the document.

After giving the unemployment certificate to the company, can I get the unemployment certificate back after leaving?

Hello, happy to serve you, no, oh dear. <>

Voluntary resignation will not give an unemployment certificate. If the employee terminates the labor contract relationship with the company, that is, the employee resigns from the company, the company will only give the employee a resignation certificate, and the unemployment certificate is not issued by the company to the employee, but is handled by the social security department of the country, and the employee can receive unemployment benefits. To apply for an unemployment certificate, the first thing is to ask the employee to leave involuntarily, that is, to be dismissed by the company, and the employee cannot handle this when he or she leaves the company.

I hope my repentance can help you.

If a worker resigns on his own initiative, he or she cannot receive unemployment benefits and does not meet the conditions for receiving unemployment benefits.

Those who are willing to apply for unemployment insurance should apply for unemployment insurance money within 60 days from the date of dissolution or termination of the contract at the social insurance agency that handles the unemployment insurance business of their unit. Those who fail to apply for unemployment insurance money at the agency that handles unemployment insurance for them within 60 days shall be deemed to have voluntarily waived their right to unemployment insurance benefits.

An unemployed person applying for unemployment insurance benefits should go to the social insurance company that handles his unemployment insurance business. When applying for unemployment insurance benefits, the applicant shall present to the social insurance company his/her identity certificate, the Certificate of Termination or Dissolution of Labor Contract issued by the original employer, the Unemployment and Employment Registration Certificate issued by the employment service agency in the place of his/her household registration and the corresponding job search certificate, and at the same time, fill in the Application Form for Unemployment Insurance Benefits truthfully as required. Within 10 days from the date of accepting an unemployed person's application for receiving unemployment insurance money, the social insurance agency shall examine and determine the applicant's qualifications and inform him of the results and relevant matters.

Those who pass the examination and approval shall be paid unemployment insurance money from the date of their unemployment registration and shall be paid on a monthly basis.