How to apply for an unemployment certificate if the unit verbally breaches the contract and dismisse

According to the description, the main purpose is to apply for an unemployment certificate rather than to hold the employer responsible, and it is illegal for the employer to terminate the labor contract in oral breach of contract, and it is necessary to compensate the employee according to the number of years of service. If you want to apply for an unemployment certificate, you need to go to the employer to apply for an unemployment certificate and other relevant supporting documents. And there are also conditions for the application of unemployment certificates.

Labor Contract Law

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary 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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Go to the unit to issue a resignation certificate.

You can go directly to your local social security office.

I went there to find the bankruptcy certificate, because it has been too long, it has been more than ten years.

Applying for an unemployment certificate:

Determine your identity. An unemployed person must obtain a certificate issued by his or her former employer to prove that he or she is unemployed. In the event of a dispute arising from the performance of the labor contract or dismissal, dismissal, dismissal, etc., the labor dispute arbitration decision or the court's judgment shall be obtained.

Article 16 of the Regulations on Unemployment Insurance promulgated on January 22, 1999 stipulates that urban enterprises and institutions shall promptly issue certificates of termination or dissolution of labor relations to unemployed persons, inform them of their right to enjoy unemployment insurance benefits in accordance with regulations, and report the list of unemployed persons to the social insurance agency for the record within 7 days from the date of termination or dissolution of labor relations;

Unemployment registration. Article 16 of the "Unemployment Insurance Regulations" also stipulates that after an employee of an urban enterprise or institution loses his or her job, he or she shall, with the certificate of termination or dissolution of labor relations issued by his or her employer, promptly go to the designated social insurance agency to register as unemployed.

The general requirements for unemployment registration are:

After receiving the files of the unemployed persons, the unemployment insurance agency of the district (county) labor bureau shall verify the period and standard for the unemployed to receive unemployment insurance money according to the records in the file and the relevant provisions of the local government;

Within 60 days from the date of termination or dissolution of the labor relationship between an unemployed person and the employer, he or she must register as an unemployed person at the unemployment insurance agency in the county or municipality where his or her household registration is located.

The following documents should be brought with you when registering as unemployed:

A copy of my Resident ID Card, household registration booklet and ID card;

Recently, three bareheaded one-inch ** sheets;

Certificate of termination or dissolution of labor contract issued by the employer before the person became unemployed;

Other materials stipulated by the provincial labor and social security administrative departments;

Unemployed workers can collect unemployment insurance money from the labor department of the town where their household registration is located on a monthly basis by presenting their "Unemployment Certificate" and "Resident Identity Card" with their "Unemployment Certificate" and "Resident Identity Card".

If the negotiation with the unit fails, you can go to the local labor inspection brigade to complain, or go to the labor dispute arbitration department to apply for arbitration.

In accordance with the Labor Contract Law

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 80 Where the rules and regulations of an employer directly related to the vital interests of the workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation.

Answer: You can go directly to the Unemployment Insurance Administration Office of the Human Resources and Social Security Bureau to handle the unemployment insurance procedures. 1. The unemployed person shall go to the Municipal Unemployment Insurance Administration Office to apply for unemployment insurance money within 60 days with his own certificate and the certificate of termination or dissolution of the labor contract issued by the original unit, and fill in the "Unemployment Insurance Payment Application Registration Form";

3. Notify the unemployed of the audit results and issue the "Certificate of Unemployment Registration for Employees of Enterprises and Institutions";

6. The unemployed person shall go to the designated bank to receive unemployment insurance money every month with the card.

If the employer does not give you the relevant insurance, you can go to the labor inspection brigade to file a complaint first, which is also an illegal act.