Can you write that you have been dismissed in the resignation certificate, and can you write that yo

Can be written. The resignation certificate is issued by the company. The reason for resignation will be indicated on it.

You and the company should be very good, go and communicate, it is best not to write that you were fired. If you work for another company, you will need to provide proof of resignation. Then you risk losing your new job.

Yes, yes, but you have to think about it. You should know that once your resignation certificate says that you have been fired, when people find out about this situation in the past, do you think they will hire you? If I were Party A's company, I wouldn't hire you.

The resignation certificate cannot be written about the person who was dismissed, otherwise it will be difficult to find a job in the future, and the employer does not want to be dismissed no matter what the reason is.

Yes. But it's not good to write like this.

The resignation certificate issued by the employer must not list the negative reasons that are unfavorable to the employee's reemployment, otherwise it will violate the principle of equality in job seeking under the Employment Promotion 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.

The resignation certificate issued by the employer does not include the reason for terminating the employment relationship or a description of the employee's ability and conduct.

The original employer does not have the right to evaluate the employee's working ability, conduct, work attitude, etc. in the resignation certificate, and if such content exists in the resignation certificate, the court will support the employee's request for a new resignation certificate.

The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract.

If the employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the law, 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 basis] 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.

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.

Legal analysis: Dismissal is the company's proposal to terminate the labor contract, so the company needs to pay severance when dismissing, while the resigning company does not need to pay compensation, so it is impossible for the company to provide both a dismissal certificate and a resignation certificate. Therefore, there is no proof of separation from the dismissal.

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

Article 37 A worker may terminate the 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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in 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 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

(1) The worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, and (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

Legal analysis: If you are dismissed by the company, you don't need to write a resignation report, you have to write your own resignation. If the employee writes a resignation report, he cannot prove that he was dismissed by the company, and he cannot be required to pay severance by the company.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Sun Kuan Economic compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary shall be paid to the employee for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of compensation to be paid to him shall be three times the average monthly wage of the employee, and the maximum period of time for which economic compensation shall be paid shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Summary. Hello, the company's resignation certificate cannot be written as dismissal, unless it is really dismissed.

Hello, the company's resignation certificate cannot be written as dismissal, unless it is really dismissed.

According to Article 50 of the Labor Contract Law, 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 the employing unit shall pay the worker economic compensation in accordance with the relevant provisions of this Law, it shall be paid at the time of the handover of the work.

First of all, this must not be, otherwise it will have a certain impact on future employment.

This dismissal shows that there is no company, this form is effective, is the arbitration lawsuit useful, and does the original copy be required.

It takes effect, as long as both of you sign or press your fingerprints.

You can first file a complaint with the Labour Inspection Brigade and request a re-issuance of the separation certificate.

Meaning this is not okay, yes, but troublesome.

If there is something simple to solve, it should not be so troublesome.

How simple, can't I do this, can't I sue the company?

Yes. However, labor disputes need to be arbitrated before being sued.

Arbitration is a mandatory formality.

I and I have this proof of termination of the contract, whether it is good or not, have you ever been able to prove the existence of the labor relationship.

Whether it can be proved that the company illegally terminated the company is not a voluntary proposal I proposed.

This is not good, you have to provide evidence.

Do you have any evidence of the other party's illegal dismissal? For example, chat history.

Summary. There are two main formats of the resignation certificate: one is to prove the employee's position in the original unit, and at the same time prove that the employee has left the company, but the specific method of resignation is not stated

Whether it is voluntary resignation or dismissal by the company. The other is to prove that the employee's position has left the company, and specifically state that the way of resignation is dismissal or resignation. If you have been dismissed on your leave certificate, you can also receive unemployment benefits.

Hello, consult a lawyer for your service, wait for me a moment.

There are two main formats of the resignation certificate: one is to prove the employee's position in the original unit, and at the same time prove that the employee has left the company, but does not specify the specific way of resignation: whether it is voluntary resignation or dismissal by the company.

The other is to prove that the employee's position has left the company, and specifically state that the way of resignation is dismissal or resignation. If you have been dismissed on your leave certificate, you can also receive unemployment benefits.

Can be written ang.

The resignation certificate states that the dismissal does not violate the provisions of the law, but the relevant compensation needs to be paid to the employee in accordance with the provisions of the law. The resignation certificate will state whether the resignation method is dismissal or voluntary resignation, which can be used as relevant evidence in labor disputes.

Legal analysisIf the company does not make corrections, it may file a complaint with the labor inspection department or apply to the labor arbitration institution for correction, and require the company to bear the corresponding losses. In the event of dismissal, the company shall give the employee a stamped written notice of termination of the labor contract, indicating the reason and basis for the termination. If the socks are not issued, the dismissal will be invalid.

If the company unilaterally dismisses the employee, regardless of whether the contract expires or not, it shall pay compensation to the employee, unless the company that announces it is a serious violation of discipline. However, regardless of the pretext, if the company dismisses the employee in violation of the law, the employee can file a claim for compensation with labor arbitration. Of course, if the company only writes the dismissal on the resignation certificate and does not issue any other written documents explaining the reasons and basis, the employee may file a claim for compensation for illegal termination of the labor contract with the labor arbitration institution and request the company to remove the dismissal from the resignation certificate, because the company's termination is illegal and non-compliant.

The unilateral termination of the company must provide the reason and basis for the termination, otherwise the lawsuit will be filed and the company will be illegally terminated, and it will basically lose. After completing the judicial process and obtaining compensation, the company can still ask the company to remove the dismissal from the resignation certificate. It should be noted that if the employee has not worked in the company for a long time and the salary is not high, it may not be cost-effective to go to the court to claim compensation.

If the employee does not propose to resign, he will definitely not ask the company to issue a resignation certificate for no reason, and he can only ask for compensation simply for the fact that the company does not issue a resignation certificate, and can only ask the company to issue a resignation certificate through complaints or arbitration, and the company can only ask for compensation if he dismisses himself without reason.

Legal basisLabor Contract Law of the People's Republic of China Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.