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I have not yet applied for a labor handbook, I have already increased my money, and now I have resigned, and I have to go to the social security counter of the community or township service center where my household registration is located to apply, handle and receive the "Labor Handbook".
According to the notice of the Shanghai Municipal Labor and Social Security Bureau on the opinions on the implementation of the labor manual system in Shanghai (March 16, 2001, Hu Lao Bao Zhuo Fa [2001] No. 12, Article 3).
3 Issuance of the Labor Handbook:
(1) All kinds of secondary vocational and technical schools or above (including secondary vocational and technical schools) shall be completed (refreshed) students, and within 3 months before graduation, the school shall take the student roster to the district and county employment agency (hereinafter referred to as the district and county employment agency) under the labor and social security department where the school is located to apply for the "Labor Handbook". The specific measures are determined separately.
Urban junior and senior high school graduates must also participate in the labor preparation system training and obtain a certificate of qualification before they can apply for the "Labor Handbook".
(2) The former permanent workers in the enterprise shall not be issued with the "Labor Handbook" for the time being, and shall be issued or renewed when they go through the unemployment registration procedures with the sub-district (town) labor service office after they have returned to the area after the labor relationship is organized and terminated with the enterprise and returned to the area.
If the former permanent worker in the enterprise is recruited by another unit during the period of employment, the employing unit shall issue it to the district and county employment agency for the registration and filing of employment in accordance with the "Administrative Measures for Recruitment and Retirement of Units in Shanghai" issued by the original unit (the original unit shall indicate that the original is a permanent worker).
(3) Personnel with special status such as co-insurance personnel shall apply for the "Labor Handbook" in accordance with the relevant provisions of the city.
(4) Other unemployed persons shall be issued after completing unemployment registration in accordance with regulations.
The Labor Handbook shall be uniformly printed by the Municipal Human Resources and Social Security Bureau, and after being stamped by the District Human Resources and Social Security Bureau, the applicant shall handle it at the counter of the human resources and social security department in the community and township service center where the household registration is located.
Permanent residents of the city who meet the requirements for the "Labor Handbook" within the legal working age can bring their ID cards, household registration booklets, and two one-inch ID photos (fresh graduates who have not continued their studies must present a certificate of completion (refreshment); Those who have obtained a bachelor's or master's degree certificate by studying abroad must hold an academic certificate recognized by the Ministry of Education of the People's Republic of China when applying for the "Labor Handbook").
For the first time to apply for the "Labor Handbook", no cost of production will be charged.
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It is illegal for the original employer to fail to hand over the labor handbook to the employee. Employees can file a complaint with the labor inspection of the local human resources and social security bureau and request that the labor handbook and social security relationship be transferred in a timely manner. The employer may be required to bear the losses caused.
Article 50 of the Labor Contract Law provides that the employer shall dissolve or terminate the labor contract at the time of termination.
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According to the provisions of the Labor Contract Law, you can apply for termination of the employment contract in writing 3 days in advance to go through the resignation procedures. As for the case record if the labor handbook is not submitted, if the company stipulates that you must return it when you leave the company, you should return it to the company according to the regulations.
Legal basis: Article 37 of the Labor Contract Law stipulates that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
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Indeed, the schools established by public institutions in Shanghai do not need to accept your labor handbook, which means that you are not an enterprise establishment, but must be a business establishment. That's a good thing. The labor handbook is for Shanghai enterprises, and it doesn't matter if you do it, just keep it in your hands and don't need to return it.
In case you go to work in a Shanghai company one day (change jobs), you can still use it. Now, it doesn't make a difference at all. No need to go to the neighborhood office or administrative service center.
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The Labor Handbook is used to record the employment, mobility, unemployment, training, and receipt of unemployment insurance money by workers, and is a necessary document for unemployed persons to apply for unemployment insurance money, register for job seeking, and apply for employment. After the employee terminates the employment relationship with the employer, the employer needs to go through the corresponding procedures for the employee within 15 days and exchange the employee's labor handbook. Otherwise, the employee can file a complaint with the labor administrative department.
In accordance with the Labor Contract Law
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.
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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If the employee resigns from the employer and goes through the resignation procedures, but the employer does not give the resignation certificate and the relevant materials of the labor handbook, it will be reported to the labor bureau for resolution.
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It is unreasonable for the company to press the labor manual, and you can refuse.
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The company pays the employee pension insurance for urban employees, as long as it is an employee of the enterprise, regardless of your household registration, you can participate in the employee pension insurance in the enterprise. Participation in employee pension insurance does not require a local residence permit, whether it is an urban household registration or a rural household registration, you can participate in the enterprise employee pension insurance.
The Labor Handbook is a product of the era of planned economy, in that era, the "Labor Handbook" was used to record the employment, mobility, unemployment, training, and receipt of unemployment insurance money by laborers, and was a document for the unemployed to apply for unemployment insurance money, register for job hunting, and apply for employment. However, since 1994, the labor manual has been gradually abolished nationwide, and the outdated method of establishing a social security account and issuing a medical insurance card has begun to replace the labor manual.
At present, the personal insurance information is based on the personal ID card as the account number to establish an electronic social security file, which is much more convenient to query and transfer than the old-fashioned labor manual.
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The labor handbook of the comprehensive insurance for foreign workers is different from the labor handbook of the Shanghai household registration. If you haven't paid before, you just need to explain it to the company, and then hand over 2 1-inch ** and a copy of your ID card. The company will go to the Foreign Labor Management Center to help you apply for an account.
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Go to the personnel bureau where your household registration is located.
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Hurry up and go to the school and ask the teacher to make up for it, just say that you are a local hukou! The company wants to solve the account problem when you open an account!
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Just go to your street! If it doesn't work yet! (Generally) just call 114 to check the ** of your local labor bureau!
I didn't know where you were a**)!Explain the reason to them and ask them how to handle the labor handbook! They'll show you how to do it!
Then your problem will be solved!
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I left my job on November 21, and I can get the labor handbook as soon as December 11. Explain the situation to the personnel department of the new unit, go to work first, and then go through the procedures for hiring and signing the labor contract.
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The original company delayed the time, and the retirement insurance is not so complicated, it is just a procedure, and it does not need to be approved. You still have to negotiate with the original company, and if it really doesn't work to delay the time, you can go to the labor arbitration institution in the district where the original company's business address is located to complain.
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Hello: Students in school generally do not apply for a labor handbook, and must apply for it after graduation. The place where you handle it is the labor and social security service center where you are located, please bring your household registration booklet, ID card, graduation certificate (all originals), and **2.
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