How do I prove the submission of a separation report? How to write the reason for resignation on the

Here's a similar answer:

The employee may submit an application for termination of the labor contract to the employer in the form of a ** letter.

It can also be corroborated by email, chat history, etc.

There are three situations in which an individual proposes to resign:

1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after terminating the labor relationship in writing without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures.

2. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer to resign. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, and the employee directly submits the resignation letter and leaves, the employer may claim to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker 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.

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 employer 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 provided for 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 if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

FYI.

There are many methods, such as: you can submit it in person, prepare two copies, one of which is for the relevant personnel to sign for and keep (the best policy); You can send an email (middle policy); You can also express the way and make a note on the express bill (the next policy).

Legal analysis: The reason for resignation on the resignation letter does not need to be considered too much, it does not cause the leader to be disgusted, and the leader knows that it is irretrievable, so on the occasion of writing a resignation letter, you can not be too serious about the reason for resignation, and write a "personal reason".

Legal basis: 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 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.

Fill in the reasons for your resignation, from personal career development, family factors, etc.

1. The company's reasons: wages and benefits are not in place; overtime is too frequent; The office environment is not good; Leaders do not pay attention to the opinions of subordinates, etc.;

2. Personal reasons: there is a major illness in the body; No interest in the current job; Doesn't get along well with colleagues; limited ability to work, etc.;

3. Family reasons: parents are old and need to go home to take care of them; Returning to his hometown to start a business; Caring for children, etc.

There are generally three situations for resignation:

1. Immediately terminate the labor relationship in accordance with the law, if the employer forces the employee to work with violence or threats, does not pay wages as agreed in the contract, etc., the employee may request the employer to terminate the labor contract at any time;

2. According to the employee's own choice, notify the employer in writing 30 days in advance to terminate the labor contract relationship;

3. Apply to the employer, and the two parties negotiate to terminate the contract.

Some people are still very confused when they leave their jobs, which information do they want to get when they leave their jobs, is it a resignation certificate or a resignation report, and is the resignation report the same as the resignation certificate? How to handle the resignation certificate? The following is a detailed introduction to whether the resignation report is the same as the resignation certificate, let's take a look.

OneIs a resignation report the same as a resignation certificate?

A resignation certificate is not the same as a resignation report.

The resignation certificate is a certificate of dissolution (termination) of the labor contract issued by the employer for the employee in accordance with the law, which has the legal effect of proving the dissolution (termination) of the labor relationship.

The resignation report is a request for termination of the contract submitted by the employee to the employer, which is a leak in accordance with Article 36 of the Labor Contract Law, and the employer agrees to terminate the contract through consultation, and if it is necessary to wait for the employer's reply and the employer agrees, the employee shall go through the formalities for terminating the contract, issue a certificate of termination of the contract, and terminate the labor relationship; If the employer does not agree, the labor contract shall continue to be performed.

IIHow to handle the official seal of the resignation certificate

The resignation certificate issued by the company must be stamped with the company's seal, otherwise, the resignation certificate has no legal effect, therefore, the worker cannot go to the labor bureau to apply for the unemployment certificate, and he cannot go to the social security bureau to go through the procedures for transferring social security.

IIIProof of resignationHowHandle

1. The resignation certificate is the proof of the end of a labor relationship, and it is also the proof of the work experience.

The resignation certificate should include the employee's name, ID number, date of entry, date of resignation, department, position and other matters to be explained in the non-compete agreement, and be stamped with the company's official seal before it can take effect. And the resignation certificate should be opened in 2 copies, one for the company and one for the employee.

2. For employees, a resignation certificate is a certificate of the end of the labor relationship, which is mainly used to provide to the new company as entry materials, indicating that you have severed the relationship with the previous company and can enter the new company with peace of mind; On the other hand, the resignation certificate can also be used as an important document in the event of a labor dispute.

Based on its purpose, the resignation certificate should include the employee's name, ID number, date of employment, date of resignation, department, position and other matters to be explained in the non-compete agreement, and be stamped with the company's official seal before it can take effect.

3. For the company, issuing a resignation certificate also draws a clear line between itself and employees.

The company should keep the basic information of the employee in the company, and the resignation certificate number so that it can be verified in the future. In order to make the resignation certificate authoritative, prevent others from fraudulently using the resignation certificate issued by the company, and stamp a seam seal between the company's stub and the employee's two copies of the resignation certificate.

That's all it takes to sort out the collection aboutIs a resignation report the same as a resignation certificate?The resignation certificate is a certificate of termination of the labor contract issued by the employer, and the resignation report is an application for termination of the contract submitted by the employee to the employer.

The resignation report cannot be used as a resignation certificate, but 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. The departing employee can apply to the Human Resources Department for a certificate of resignation, which 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. The resignation report is a written resignation material submitted by the employee to the employer in accordance with the law, and the submission of the resignation report does not mean that the contractual relationship with the employer has been terminated.

1. Do I need to apply for a resignation certificate?

When an employee resigns, he or she can apply to the human resources department of the original unit for a resignation certificate, and the original unit shall not refuse for any reason, which is the legal obligation of the socks world. Usually, there is a procedure for issuing a resignation certificate in the resignation procedure of the enterprise. The resignation certificate refers to the certificate issued by the original enterprise when the employee leaves the company, such as the working period, the position of employment, and the resignation of the employee.

The collection of a resignation certificate by an enterprise can prevent the newly hired employee from having a labor dispute with the original employer and being implicated in the labor dispute. Therefore, the most important information of the resignation certificate is to tell the new employer that I no longer have an employment relationship with the original employer.

According to Article 24 of the Regulations for the Implementation of the Labor Contract Law, the certificate of dissolution or termination of the labor contract issued by the employer shall clearly state the term of the labor contract, the date of dissolution or termination of the labor contract, the position of the employer, and the number of years of service in the employer.

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.