What is the purpose of a separation certificate? Is it necessary to issue a resignation certificate?

Generally, it is used to prove that the employee has already terminated the labor relationship with the previous enterprise and to avoid dispute cases. Therefore, it is to ensure some legitimate rights and interests of employees, such as: the resignation certificate is a major material for employees to receive unemployment benefits.

The requirement of the Labor Law is that if the employer fails to present the employee with a written certificate of termination or termination of the labor contract in violation of this method, the labor administrative department shall enforce it administratively; If it causes injury to employees, it shall be liable for compensation.

Therefore, if the employer refuses to present the resignation certificate due to the reasons or undertakings of the law, and causes losses to the employee, the employee has the right to settle the claim. The new employer is worried that you and the original employer also have an unfinished matter involving the labor relationship. If he hires an employee who has not been associated with Lao Yundong from his original unit, a new employing company will have to bear it.

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 Article 11 The employing company recruits employees who have not terminated the labor relationship.

In the event of a labor dispute between the original employer and the employee, a new employer may be listed as a third party. If the original employer files a lawsuit with the court on the grounds of infringement by the new employer, the employee can be listed as a third party. If the original employer files a lawsuit with the court on the grounds of joint infringement between the new employer and the employee, the new employer and the employee are included as co-defendants.

For the departing employee, the resignation certificate is a reasonable confirmation to prove that he or she has terminated the employment contract with the original company, and after obtaining this confirmation, he can freely sign a contract with the new company to create a full-time employment relationship.

It is the explanation of the cancellation or termination of the labor contract presented by the employer to the employee, which is the proof that there is no longer an employment relationship between them. The resignation certificate generally includes the term of the labor contract between the departing employee and the employer, the date of termination or termination of the labor contract, the position, the length of service in the employer and other information, and needs to be stamped with the company's official seal. It is the legal obligation of the employer to issue a resignation certificate for the departing employee.

It is necessary to open in order to prove that you have terminated your employment relationship with the company and to prove that you can apply for a new position.

The resignation certificate can prove that you are now a free person and have no job, you can apply for some subsidies, and you can also re-apply for other positions, and it will also prove that you have a certain amount of work experience, and the resignation certificate is very necessary and very important.

Under normal circumstances, it is to prove that the employer and the employee have terminated the labor contract relationship, and it is also to prove that the resignation is handled in accordance with the normal procedures, and then the personnel relationship and social security provident fund can be handled with this certificate; I think it's still very necessary.

Legal Analysis: The Role of the Resignation Certificate: 1. 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.; 5. Workers who start a business and provide a resignation certificate and unemployment certificate will enjoy preferential policies.

Legal basis: Article 24 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China 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. When an employee leaves his or her original employer, he or she shall require the employer to issue a resignation certificate that complies with the law, and the employer has the obligation to provide a resignation certificate for the employee who leaves the company in accordance with the law.

Labor Contract Law of the People's Republic of China Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Legal Analysis: The functions are: 1. 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;

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.

A resignation certificate will be issued at the time of resignation.

It is useful to prove that you have terminated the employment relationship with the employer.

Became a free man. Here's what this certificate does:

If you do not look for a job or cannot find a job within a short period of time after leaving your job, you can apply for unemployment benefits from the social security department.

According to the Unemployment Insurance.

The Regulations stipulate that units or individuals who have paid unemployment insurance for more than one year may apply for unemployment subsidies if they leave their jobs involuntarily. That is to say, if you have paid unemployment insurance for more than one year and your resignation certificate can prove that you have involuntarily left your job, and you have not found a job and have no financial income after leaving the job, then you are eligible to apply for unemployment benefits from the social insurance agency.

2.Transfer of social security relationship.

After you leave your job, you find a new employer, and the new employer wants to pay social security for you, and you need to go to the social security center to go through the transfer procedures at the social security center. If the social security center cannot determine whether you have really resigned from your previous employer, it will not accept the transfer procedures, then your new employer will not be able to pay social security for you, and your resignation certificate will come in handy. It can prove that you have left your job and have nothing to do with your previous employer, so that the social security center will accept the social security transfer.

Apply, and your new employer will be able to pay your social security contributions smoothly.

3.Address the concerns of some units.

Some units because of the content of the work or the company system.

Reducing the chance of leakage of company secrets or other special needs prohibits employees from working more than two jobs at the same time. With a resignation certificate, you can prove that you no longer have an employment relationship with any unit and are a free person. In this way, the employer can confidently hire you as their employee.

In short, the resignation certificate is still very useful, and it must be issued, or some other certificate that can prove that you have left the company. If the employer refuses, it can be reported to the labor inspectorate.

Some appealed. Because of the Labor Contract Law.

It is clearly stipulated that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.

It is useful to issue a certificate of resignation when you leave your job. In the event of resignation of a person who does not wish to leave the company (dismissal, non-renewal of the contract upon expiration, dissolution of the company, etc.), as long as our unemployment insurance has been paid for 12 months, you are eligible to receive unemployment benefits. In addition, it is used when going to the next company for an interview or onboarding.

The first is to prove that you have resigned from the previous company, and the employment relationship with the previous company has been terminated, so as to avoid the risk of dual employment relationship; The second is to see whether you voluntarily resigned or were dismissed when you left the previous company, so that the company can make a hiring decision.

Sometimes it works. If you have a dispute with the company after you leave your job, this certificate may help you, and if you go to the next company to apply for a job, the other party may ask you to provide him with a certificate of resignation.

Useful. It can be proved that you no longer have any relationship with your previous employer, prevent people from leaking secrets, and find a stable job.

1. The employer prevents the employee from working 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 you and the original employer still have outstanding matters involving labor relations.

3. When you resign, you must issue a resignation certificate from the unit, without a resignation certificate, it means that you are still an employee of the unit, and the social security center will not accept any of your requests.

The legal basis is that the stool is which:

Article 50 of the Labor Contract Law stipulates that 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.

1. What is the resignation certificate?

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 he is employed, and the resignation. When an employee resigns, he or she can apply to the human resources department of the original unit for a certificate of resignation, and the original unit shall not refuse for any reason, which is the legal obligation of the enterprise. Usually, there is a procedure for issuing a resignation certificate in the resignation procedure of the enterprise.

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.

2. Will interns have a resignation certificate when they leave the job?

A resignation certificate is required for resignation during the internship period. According to the normal way, you must issue a resignation certificate when you leave, and some companies will look at your resignation certificate when recruiting. According to the regulations, if you leave the job during the internship period, the procedures are the same as those for general employees.

2. The key is to talk to the supervisor. Before talking to your supervisor, you must prepare a good reason for leaving. If the supervisor retains you, you have to respond with the right language and stick to your original intentions.

3. After obtaining the consent of the supervisor after leaving the job, you should start the handover work. When the company has not found a suitable replacement, you should work hard to do your job as always, and stand on the last shift until someone comes to replace you.

4. After you decide to resign, there will be a series of personnel procedures to be done, such as the original unit will issue a withdrawal order and transfer your file out; In addition, your pension relationship and housing provident fund also need to be transferred.

Finally, it is advisable not to say goodbye without saying goodbye, because it is extremely irresponsible and will have a very negative impact.

Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China 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.