Does it matter if the separation certificate and the length of employment are inconsistent?

Yes, the employee should answer the question truthfully, and the new employer will usually use the resignation certificate to determine the employee's working hours.

In accordance with the Labor Contract Law

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

In accordance with the Regulations for the Implementation of the Labor Contract Law

Article 24 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.

Proof of separation should correspond to the length of employment. If it is advanced or postponed, it will have an impact on both enterprises and individuals.

For example, if the resignation certificate is before the actual resignation time, the enterprise may pay less social benefits for the employee, and if the resignation certificate is after the resignation time, the employee may request the enterprise to pay social benefits to the employee according to the resignation certificate time.

There is no impact, the first unit should be stricter should be filed, and the enterprise unit should be divided but most of them are not required, and the private sector is a form.

Proof of resignation. What is the impact on future employment?

1.In fact, it is beneficial for both parties to issue a certificate of resignation in a timely manner. For enterprises, handling the resignation certificate is a legal obligation of the enterprise to the departing employee, which cannot be shirked. Moreover, when it comes to applying for a resignation certificate, it means that both parties have legally terminated the employment relationship.

Salary, social security**.

Disputes or concerns regarding taxation and other aspects have been resolved. In the future, if one party wants to make it clear in black and white, it will be considered that the written evidence has been retained. For Individuals:

Only by issuing a resignation certificate can you prove that you have terminated your employment relationship with your previous employer, so that you can join the new company. The resignation certificate is also a verification of the job applicant's work history by the new company.

An important basis for adjustment, etc.

2.It can help avoid legal risks for re-employed workers and is an indispensable material when entering the workforce. This article proves that it is neither big nor small.

The reason why the law requires employers to issue resignation certificates to resigned workers in a timely manner is to present the resigned workers' previous employment information and facilitate their re-employment and unemployment registration.

Therefore, whether the resignation certificate can be delivered to the resigned personnel in a timely manner is not only related to whether the rights and interests of the resigned personnel can be fulfilled in a timely manner, but also related to whether the resigned personnel can be re-employed. It is a major issue related to whether the state's policy of guaranteeing the reemployment of workers can be implemented, and it is more important to deal with this violation of the law.

Hell to pay. The legitimate rights and interests of departing workers are sacrosanct.

3.The employer's delay in issuing the resignation certificate is equivalent to directly creating an artificial obstacle to the reemployment of the resigned employee, and there must be "zero tolerance". Strictly enforce the law and seriously pursue legal responsibility.

The gain outweighs the loss of the employer that delays the issuance of the resignation certificate. Those who suffer from it should also take up the law** and seek advice from their employers. In this way, the capricious hand of the employer who delays the issuance of the separation certificate will be tied to the reins of the law and useless.

In fact, as a migrant worker, it is a normal thing to leave. And proof of resignation is especially important. Regardless of whether the company you want to join in the future requires a certificate of resignation, in order not to cause new trouble, do not remember to ask the HR department for the official seal certificate when you leave the company.

You may know that when you are employed in the future, the company will observe your resignation certificate, and will often pay attention to your work status, and will specifically ask you about the reason for your resignation during the interview, and will also have a certain distrust of you, thinking that you will not work in the company for a long time, so it will lead to a relatively low salary, or you will not be able to be hired well.

In this way, you can prove that you have been in a state of resignation, and you can also prove your work experience, Chong Chan also has some specific matters of your own work, which can be convenient for insurance, and it is also a basis for employment in the future. Judgment Zone.

If there is no resignation certificate, it is very likely that the next work will not be carried out, and I don't guess that the orange has officially ended the previous period of work, and there will be some impact on the labor service.

Avoiding economic disputes, work disputes, and making yourself better employed means that you have ended your labor relationship.

Legal analysis: It is recommended to tell the employer truthfully, because the resignation certificate will have the last working years. Falsely reporting the time of the resignation certificate is suspected of being a crime.

Although the format of the resignation certificate is the same, the official seal of the original unit must be true, and if it is forged, it may involve private engraving of the official seal, which is illegal. The main purpose of the resignation certificate is to prove that there is no labor relationship with other units, and to avoid hiring employees from other units and causing disputes. Therefore, if it is not necessary, you can negotiate with the employer to sign a letter of commitment, promising that there is no existence with other units or that the employment relationship has been terminated, and there will be no obstacle to employment with the company.

Otherwise, the consequences of the loss shall be borne by themselves.

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

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 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 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.

Legal analysis: The establishment of a labor contract in accordance with the law generally takes effect from the time of its establishment, that is, the employer and the employee sign or affix their seals to take effect. It doesn't matter much if the date of the employment contract is different from the date it was actually signed, and it can be different.

According to the relevant laws of China, the working hours of workers are calculated based on the actual employment time. Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.

Yes, but the new employer will have doubts, and the new employer will usually use the separation certificate to determine the employee's working hours.

It is recommended that you say that the working year includes the previous internship, and the next 3 months are considered official. When explaining, it is said that the previous job is an internship and is not a formal job, and the next 3 months are official.

Or change the date on your resume. If the resume has already been delivered, then look for the reason, which can be said to be the actual date on the resume.

In accordance with the Labor Contract Law

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know;

The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain the change.

In accordance with the Regulations for the Implementation of the Labor Contract Law

Article 24 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.

Extended Materials:

Proof of resignation should be issued after resignation.

Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract upon dissolution or termination, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

Article 89 also stipulates the legal responsibility for failure to issue a certificate, and you may apply to the employer for the issuance of a certificate of resignation when you go through the formalities for resignation.

It doesn't have a big impact, just explain it to the new unit. Proof of resignation, if your former employer has a formal employment contract with you. Then they are responsible for issuing you a resignation certificate to prove that you have worked for the company in the past.

Article 9 of the Labor Law stipulates that if an employer recruits a worker who has not yet terminated the labor contract, causing economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with the law.

There is no problem, because some resignation certificates are calculated from the date of the first signing of the employment contract, and some companies sign the employment contract after the end of the probationary period, so it will lead to inconsistencies in the time and resume on the resignation certificate.

Turnover is the product of a vicious circle of negative attitudes, and this cumulative and ecological effect cannot be ignored. The agency of the organization is manifested not only in the fact that it can regulate organizational factors, but also in influencing individual factors.