If the original company refuses to give me a resignation certificate, can the company refuse to give

Updated on workplace 2024-04-26
23 answers
  1. Anonymous users2024-02-08

    You said above that your original company has approved the resignation on June 30, according to the relevant provisions of the labor law, as long as you propose to resign one month after the employer, no matter what opinion the employer has, you must unconditionally agree to resign, this is the longest period of resignation, you have been resigning for a month, as long as you have not caused any loss to the company during the period, you are considered to have resigned, the employer must issue a resignation certificate, and the company has time to find someone to replace you in the middle of the month, but this is no longer important. Anyway, it has already been a month since you submitted your resignation, and if the company insists on not giving a resignation certificate, you can apply for labor arbitration.

  2. Anonymous users2024-02-07

    According to the labor law, the employee can go to the local labor inspection to complain to the employer and ask for a certificate of resignation.

    The employer is obliged to go through the resignation procedures for the employee, settle the salary and issue the resignation certificate.

    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.

  3. Anonymous users2024-02-06

    It is the legal obligation of the employer to issue a resignation certificate. The employer shall not refuse to issue a resignation certificate on the grounds that the employee has not repaid the loan or has been dismissed by the company due to serious disciplinary violations. If the employer refuses to issue a resignation certificate, the labor administrative department shall order it to make corrections, and if it causes damage to the employee, it shall be liable for compensation.

    In practice, there are two main types of losses: loss of unemployment insurance premiums. If a worker terminates employment without his or her will, he or she can register as unemployed and receive unemployment insurance benefits with a certificate of separation.

    If the employee fails to receive unemployment insurance money due to the employer's refusal to issue a resignation certificate, the employer shall compensate the employee for the loss of unemployment insurance money and employment wages. If the employee can prove that the employer refuses to issue a resignation certificate, resulting in the employee's inability to find employment and causing actual losses, the employer shall compensate the employee for the loss of wages that he has not been employed. Therefore, in order to avoid unnecessary disputes and liability for compensation, we recommend that the employer issue a resignation certificate to the employee in a timely manner when dissolving or terminating the employment contract.

    For the special employees mentioned in the case or the employees who do not cooperate with the resignation procedures, the employer may issue a resignation certificate in the following ways to bind the employee, and issue two resignation certificates to the employee on time, one is the general version of the company and the other is the special version, which expresses the fact that the employee "has not paid off the debt", and these two versions are used as a condition for negotiation with the employee. If you repay the loan, you can get a generic version of the resignation certificate. Employees can also be notified to go to the company to go through the resignation procedures.

    If the employee refuses, the resignation certificate will objectively state that "the employee has not completed the handover with the company", and urge the employee to go through the resignation procedures in a timely manner.

    In other words, if the company does not sign an employment contract for more than one month, the company may be required to pay double wages from the second month. You can mail a mandatory resignation notice at any time on the grounds of non-payment of social security. Effective immediately and requires the company to pay severance pay.

    The Social Security Law stipulates that within half a month of resignation, an enterprise must issue a resignation certificate.

  4. Anonymous users2024-02-05

    No, when an employee resigns, the employer must issue a resignation certificate for the employee at the same time as dissolving or terminating the labor contract, and it is necessary to go through the procedures for the transfer of the employee's file and social insurance relationship within 15 days.

  5. Anonymous users2024-02-04

    No. According to the provisions 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.

  6. Anonymous users2024-02-03

    When you resign, the company cannot refuse to give you a resignation certificate, this is the company's obligation, if the unit does not give you a complaint.

  7. Anonymous users2024-02-02

    If the company refuses to issue a resignation certificate to the employee, the employee can file a complaint with the labor department after the communication is invalid.

  8. Anonymous users2024-02-01

    No, if you resign and follow the normal process and go through the resignation procedures, the company will need to issue you a corresponding resignation certificate on your last day.

  9. Anonymous users2024-01-31

    When you formally resign, the company can not refuse to give you a resignation certificate, this is the company's obligation, you negotiate with the company first, if the negotiation fails, you can go to the labor department to complain.

  10. Anonymous users2024-01-30

    After the resignation of the employee, the company is obliged to help the employee issue a resignation certificate. Therefore, when you leave your job normally, you can negotiate with the employer to ask for a resignation certificate, and the employer refuses to allow you to complain to the labor department.

  11. Anonymous users2024-01-29

    The company can not give you a resignation certificate, this is their right. But when you leave with them at that time, you should sign the resignation report in duplicate.

  12. Anonymous users2024-01-28

    No, if an employee resigns, whether voluntarily resigned or dismissed, the company is obliged to issue a resignation certificate to the employee. If the company does not give the certificate, the employee can obtain a certificate of resignation through arbitration.

  13. Anonymous users2024-01-27

    It is not possible to refuse, because I have resigned now, and the labor contract relationship with the company has been terminated, so the company can issue a resignation certificate for myself at this time.

  14. Anonymous users2024-01-26

    After resignation, the employee can ask the original unit to issue a resignation certificate, and the company is obliged to issue a resignation certificate for the employee, and cannot refuse.

  15. Anonymous users2024-01-25

    Of course not. If the company refuses to give you a resignation certificate at the time of resignation, you can go to the local labor bureau to report the company.

  16. Anonymous users2024-01-24

    On the day of resignation, you should find the company to issue a resignation certificate, if you don't have a meeting with the company later, it is more troublesome, but the company still needs to issue it.

  17. Anonymous users2024-01-23

    No. This is because the law clearly stipulates in this regard, even if the company leaves the company, it is obliged to issue a resignation certificate to the employee who has left the company.

  18. Anonymous users2024-01-22

    If the company refuses, then the company's practice is illegal, and it should be resolved by the labor bureau at this time.

  19. Anonymous users2024-01-21

    If it is a normal resignation company, you should not refuse to give you a resignation certificate, if you refuse to open it, you should ask what the reason is.

  20. Anonymous users2024-01-20

    Generally, after resigning from the company, there will be a resignation certificate that can be issued by the company, so you don't need to worry about this.

  21. Anonymous users2024-01-19

    Of course, because after you resign, you have no relationship with the company, and the company can reject you.

  22. Anonymous users2024-01-18

    No, the company must cooperate with the person to issue the corresponding resignation certificate, otherwise it will affect its reputation.

  23. Anonymous users2024-01-17

    The resignation certificate is a written proof of the termination of the employment relationship between the employer and the employee, and is a written material that must be issued by the employer after the termination of the employment relationship with the employee. 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.

    If the company does not agree to issue you a certificate of termination of employment, you can file a complaint with the labor arbitration department and ask them to issue it. In the case of this case, there are three different types of efficiency certificates: First, the expiration of the labor contract

    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 should also go to the social security department to go through the unemployment record and receive unemployment benefits. Third, if you apply to leave the company before the contract expires, the company must also issue a certificate stating 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.

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