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The original employer may be required to provide a photocopy of the certificate, and the employer shall retain the relevant documents for at least 2 years for future reference. If the original employer refuses to provide such information, it may apply for labor arbitration.
In accordance with the Labor Contract Law of the People's Republic of China
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 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or file a lawsuit in accordance with law.
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I also saw something similar on the Internet, what should I do and can I reissue this certificate? Do you want to sue them, everyone help, I'm in a hurry, you see the notice of termination of the labor contract. I still have a loan, and if I can't sign this contract, I will lose my job, so good Samaritans, help me!!
The only way is to find the original unit to solve it. Please ask the original manager to find out the bottom of the unit and make a copy, and then affix the official seal, not to reopen a copy. Check it out at the Labor Bureau.
Or take a look at the street office. Hit ** to ask for the materials you have to terminate the contract! Remember to record the whole process!
No matter how bad the tone of the other party is! You have to be patient and say good things! Just let the other party talk about your contract and stick to it until he admits that you have terminated the contract!
Then, after all their testimonies are published, they will continue to explain and apply for re-issuance or copying of the labor contract in their hands! If they insist on not issuing a bill, or don't borrow your original contract! Find a personnel leader with a reproduced recording!
We talk about borrowing a contract! If not, come up with a recording! If you hear the recording, they still won't borrow your words!
Find local news** to go to their unit together, and if nothing works, go to the labor bureau! This is the most beneficial way for the people to collect evidence and themselves! Private detectives use the same method!
Give it satisfaction! You don't know, I don't know if I have proof it. I have done so many units that have never given a certificate of termination of the labor contract.
Just find an acquaintance you have who has a company to get you one, and write the appropriate date.
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What should I do if the certificate of termination of the labor contract is lost, and the original unit does not reissue it? (High Score).
If the employer refuses to handle the case, it shall appeal to the local labor arbitration institution on this ground. The award of labor arbitration is the proof of termination of the labor contract. According to Article 2 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration, these rules apply to the arbitration of the following disputes:
1) Disputes arising from the confirmation of labor relations, the conclusion, performance, modification, dissolution and termination of labor contracts, working hours, rest and vacation, social insurance, welfare, training and labor protection, labor remuneration, medical expenses for work-related injuries, economic compensation or compensation between government agencies, public institutions and social organizations and workers who have established labor relations with them; (2) Disputes arising from the performance of employment contracts between organs implementing the Civil Servants Law and civil servants under the appointment system, or between organs (units) managed with reference to the Civil Servants Law and hired staff; (3) Disputes arising between public institutions and staff members over the termination of personnel relations such as removal, dismissal, resignation, or resignation, as well as the performance of employment contracts; (4) Disputes between social groups and staff members over the termination of personnel relations such as removal, dismissal, resignation, or resignation, as well as the performance of employment contracts; (5) Disputes arising from the performance of employment contracts between units employing civilian personnel of the armed forces and civilian personnel; (6) Other disputes to be handled by the BAC as stipulated by laws and regulations. In addition, the purpose of the certificate of termination of the labor contract is to prove that the employer and the employee have terminated the labor relationship; 2. Prove that you should resign in accordance with the normal procedures; 3. Proof that he is a free person and can apply for unemployment benefits or apply for a new position; 4. You can use this to transfer your personnel relations, social security, provident fund, etc. The above is the answer to the question of what to do if the certificate of termination of the labor contract is lost and the original unit does not reissue, I hope it will help you.
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If the original employer terminates the labor contract and loses it, and the original employer has been cancelled and does not exist, the employee can rely on the social security payment record and other content to prove that the employee and the original employer have terminated the labor relationship, and the employee can initiate a statement to the required proof of termination of the labor contract, stating that there is no labor relationship between the employee and the original employer, and the employee shall bear all the losses caused thereby. Legal basis: Article 3 of the Labor Contract Law of the People's Republic of China The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.
The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation. I hope the above can help you
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Ask the labour inspectorate to make corrections.
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