Do I have to have a resignation certificate to join the company, and do I have to have a resignation

In this way, it can be proved that you have terminated the employment relationship with the previous company.

There is no problem of dual labor relations, and there is no labor dispute.

If you do not have a resignation certificate, there is a lot of uncertainty about your employment relationship, which may be that you still have a labor dispute with your previous employer, or there is a confidentiality agreement or non-compete agreement.

Therefore, they will form a certain judgment on the company you are currently working in, and they will think that you are in our company, whether these problems will also occur.

Even if you don't have these problems, HR people may not hire you because the company system has regulations in this regard, and they will not risk violating the company policy and leaving themselves with a loophole in their job responsibilities. In case because of this problem, the person who joins the company has a labor dispute with the current company, then he will not be able to keep his position. Therefore, they generally have to leave the certificate, if not, maybe they will not hire you, you can hire another one, now there are so many people looking for a job, they can't let their job have such a problem.

Generally, enterprises will not require new recruits or new employees to show proof of resignation, unless some related industries or special industries require relevant certificates in order to avoid peer competition disputes.

The resignation certificate of the previous unit is not required for the new employer, and if necessary, the new employer needs to carefully consider joining. You have the right to choose your employer, and the same employer has the right to choose you, which is a two-way choice, and there is no need to submit a resignation certificate at the time of entry.

Not necessarily, some companies require a resignation certificate, but not all companies require resignation procedures.

No, because people who have a job and don't quit their job won't be rehired.

Legal analysis]: A resignation certificate is required for entry. Usually, regular enterprises will require a resignation certificate from the original employer when going through the entry procedures for new employees.

If the resignation certificate is required to be issued by the original employer, it will not be rejected because the labor contract has not been signed before, but if it is required to leave within a week, it is a bit difficult, and usually the regular employee needs to submit a resignation application one month in advance. 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.

Legal basisArticle 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 shall go through 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.

Hello, glad to answer for you, I hope it helps. The main purpose is to ensure the privacy of the company, if the employee maliciously transfers, the original unit can indicate on the resignation certificate that the employee and the company have not completed the handover, which will result in the employee being unable to apply.

In particular, employees should pay attention to the wording of the company's reasons for terminating the labor contract in the resignation certificate, some of which will write serious violations of discipline, dereliction of duty, etc., and if it is inconsistent with the facts, the employee has the right to refuse. If a person is not long, please don't continue to ask what is suitable, I can tell a person who is not suitable for anything, the fit is made, not to find out, some practitioners keep changing jobs, trying to find this "suitable", which will waste their time!! If you are looking for a different job for a long time, it proves you, and capital is the key factor in determining suitability, capital is not created out of thin air, it is also the best in the accumulation of such as sales, it must be the absolute protagonist of all companies; Personnel, assistant, administrative and other positions are relatively supporting positions in most companies; Public relations is the protagonist position of a public relations company; Teachers are the leading role in an educational institution.

If you want to become a key figure in the company in the future, the development of the protagonist position is much greater than the development of the supporting role, and the probability of success is much greater.

1. Reasons for the need for a resignation certificate for the new employer: Article 99 of the Labor Law stipulates that if an employer recruits a worker whose labor contract has not been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with the law.

Therefore, a resignation certificate is required for the new unit to report to the new unit. 2. The purpose of the resignation certificate: (1) to prove that the employer and the employee have terminated the labor relationship; (2) Proof of resignation in accordance with 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.

1. The new employer prevents employees from working at the same time for more than two points at the same time, so as to reduce the probability of leakage of company secrets or other special needs.

2. The new employer is worried that the employee and the original employer still have unresolved matters related to labor relations. If the new employer hires a worker who has not terminated the labor relationship with the original employer, the new employer will be liable.

In addition, according to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, when an employer recruits a worker whose labor contract has not been terminated, the labor dispute between the original employer and the employee may be listed as a third party. Where the original employer may file a lawsuit with the people's court on the grounds of infringement by the new employer, the employee may be listed as a third party. Where the original employer files a lawsuit with the people's court on the grounds that the new employer and the employee jointly infringe, the new employer and the employee are listed as joint defendants.

Because I am worried that I have not terminated the employment contract with the previous company, if I do not terminate the contract with the previous company and sign an employment contract with another company at the same time, I may get into a lawsuit.

Hello! If you are not a fresh graduate, you need to provide a resignation certificate when you join the company, because you want to confirm that you have left your previous employer!

Hope mine is helpful to you!

This may be a requirement for joining a new company, you can find the HR department of the previous company to issue a resignation certificate, and you can go to the new company to hand in the certificate.

Prove that you have no personal relationship with other units.

Some construction site companies have such a rule, so that you can open a resignation certificate from the previous company.

Legal analysis: We can know that the new company requires a resignation certificate when the employee joins the company, in order to avoid recruiting employees who have not terminated the labor contract with the original employer, resulting in labor disputes, and the resignation certificate can also prove the employee's length of service, position and related work experience in the employer to a certain extent.

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

Article 3 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.

It is usually up to the employer to decide whether or not to provide a resignation certificate when joining the company, some units need to provide a resignation certificate when joining the company, but some units do not. Usually, the employer requires a certificate of resignation in order to avoid joint and several liability.

1. Mediation of the payment of severance compensation.

According to the current regulations, if an employer terminates a labor contract in violation of the law or terminates the labor relationship in accordance with the provisions of Articles 24, 26 and 27, it shall pay economic compensation in accordance with the relevant provisions of the state.

Specifically, it includes the following 12 situations:

1) The employer terminates the labor contract in violation of the law;

2) The employer terminates the labor contract upon the consensus of the parties to the labor contract;

3) The de facto employment relationship is terminated in advance by the employer of Yousui;

4) The employer compels labor by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

5) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

6) The employer refuses to pay overtime wages or pays wages to employees lower than the local minimum wage standard;

7) The labor contract is terminated due to illness or non-work-related injury, and the labor appraisal committee confirms that the employee is unable to perform the original job or the work arranged by the employer;

8) The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment;

9) The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation;

10) The employer is on the verge of bankruptcy and has to terminate the labor contract during the period of statutory rectification or serious difficulties in production and operation;

11) The employer goes bankrupt or dissolves during the term of the labor contract;

12) When the labor contract is terminated, the local government has special regulations that require the payment of economic compensation.

2. Legal basis for resignation.

Labor Contract Law

Article 36 An employer may terminate a labor contract if it reaches a consensus with a worker through consultation.

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. If the employee notifies the employer three days in advance during the probationary period, the employee may terminate the labor contract.