Do I have to have a resignation certificate to join a new company?

In order to avoid the legal risk of duplicate employment, employers usually need employees to provide a resignation certificate. However, the Labor Law does not clearly stipulate whether an employee needs to provide a resignation certificate when he or she joins a new employer, and the specific situation needs to be consulted by the personnel department of the unit.

Legal basis. Article 8 of the Labor Contract Law of the People's Republic of China stipulates that when an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

This is necessary, the new company will look at your resume and resignation certificate, from which you can see why you left, and will also have a simple view of you.

Not required. It's always good to have one ready. You can ask the original unit to give a good copy. Sparuce yourself up.

No, there doesn't seem to be such a requirement. Since I went to work at a new company, I must have already left.

No, just go to work, nothing to do with before.

This depends on the size of the company, some larger companies need it, and the smaller ones of private owners don't need it.

Some companies will ask for a resignation certificate, while others will not, mainly depending on whether you are capable.

When you join a new company, you must pay itProof of resignation

Purpose of Separation Certificate:

1. Proof that the employer and the employee have terminated the labor relationship.

2. Proof resignation in accordance with normal procedures.

3. Proof that you are 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.

If the resignation procedures are not completed with the original company, then the new employer will not establish a labor contract with the employee, and it will not be able to apply for social security, or even cause the original unit to terminate the labor contract, the consequences will outweigh the losses!

Significance of the Separation Certificate:

First, the labor contract is terminated.

The employer shall issue a certificate of termination of the labor contract to the employee in a timely manner in accordance with the law.

It is the law that imposes on the employer's post-contractual obligation, but by no means the employer's "right" over the employee, and the employer shall bear the corresponding legal liability for violating this obligation.

Second, the certificate of termination of the labor contract issued by the employer is issued to the departing employee, and is issued for the benefit of the departing employee, not for the benefit of the employee's future employer. The reason why the law makes such a provision is that the main function of the certificate of termination of the labor contract is to present the employee's previous employment information to facilitate the employee's reemployment, and second, to provide the employee who has left the job to register as unemployed. use.

Under normal circumstances, the new company will ask for the original resignation certificate, but if you have communicated with the company, there is no reason for the resignation certificate, and the company agrees, then it is no problem not to submit it.

This is not necessarily, you have to look at the requirements of the new company, if the new company requires it, you have to provide it, and it is generally needed.

Not necessarily, it depends on the company's regulations, if the company stipulates that it must be paid, then it must be paid, if there are no regulations, it is not needed, the company stipulates this because he is worried that you will come to work in his company before you leave your job.

I feel that if you join a new company, there is generally no need to submit a resignation certificate, right? Is it such a strict rule?

[Legal Analysis]: New recruits are generally required to bring a resignation certificate. The labor law does not clearly stipulate whether citizens need to provide a resignation certificate to join a new company, and whether a citizen needs to provide a resignation certificate from the previous unit when he or she goes to work in a new unit generally needs to consult with the personnel department of the unit.

The employer requires a resignation certificate because in order to avoid the legal risk of duplicate employment, the employer usually requires the employee to provide a resignation certificate, and the employee will generally not be hired if he or she is unable to provide it. If an employer recruits a worker whose labor contract has not been terminated or terminated with another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

Legal basis: Article 8 of the Labor Contract Law of the People's Republic of China When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, safety production status, labor remuneration, and other information required by the worker; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Yes. The main purpose of the resignation certificate is to prove that there is no labor relationship with other units, and to avoid hiring employees from other units and causing disputes. Therefore, it is not a necessary material, and the employee can negotiate with the employer to sign a letter of undertaking that the employment relationship does not exist with the other employer or has been terminated.

Generally, the new company requires the issuance of such a certificate to avoid the risks it may bear, because the Labor Contract Law stipulates that if the company hires a person who has not terminated the employment contract with another company, and causes losses to the original employer, the new employer shall be liable for compensation.

Article 91 of the Labor Contract Law.

If an employer recruits a worker whose labor contract has not been terminated or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

Therefore, the employer cannot refuse to issue a resignation certificate on the grounds that the employee has outstanding matters, but it may refuse to pay severance (if any) before the handover of the employee is completed.

Integrity is an indispensable quality for people in the current society, and the current integrity system is under construction, which is a constraint on many people, and it is also to make the industry have greater link capabilities and form a good industry ecology. Everyone wants to show their abilities in the workplace, but in fact, character is the necessary quality for a winner in the workplace.

If the employer refuses to issue a notice for the employee, the employee may file a complaint with the local labor inspection department and request the employer to issue a notice of termination of the labor relationship.

Article 15 of the Notice on Several Issues Concerning the Implementation of the Labor Contract System (1996) states that "when an employee terminates or dissolves a labor contract after fulfilling the relevant obligations, the employer shall issue a certificate of termination or dissolution of the labor contract as a certificate for the employee to enjoy unemployment insurance benefits, unemployment registration and job search registration in accordance with the regulations." The certificate should state the duration of the employment contract, the date of termination or rescission, and the work performed. If requested by the employee, the employer may objectively state the reasons for terminating the employment contract in the certificate.

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

Can I find a new job without a leave certificate?

There is generally no requirement for a new company to have a resignation certificate, because some people will look for a job without leaving, so it is not necessary to require a resignation certificate. Therefore, whether or not to leave the certificate depends on the company's own regulations.

Under normal circumstances, when you leave the previous company, you have to issue a resignation certificate, and you don't want to take it away with your file, and you will report to work in a new company with your file.

This one doesn't need to. If this is your first job, you can't do it without a certificate of resignation? It doesn't make sense.

A regular company will generally require new recruits to bring a certificate of resignation.

1. The labor law does not clearly stipulate whether citizens need to provide a resignation certificate to join a new company, and whether a citizen needs to provide a resignation certificate from the previous unit when he or she goes to work in a new unit, it is generally necessary to consult the personnel department of the unit.

3. The resignation certificate stamped with the official seal of the previous unit or the seal of the Ministry of Human Resources is best the official seal, more credible one-inch color **3, 1 copy of the entry physical examination form of a regular public hospital at or above the district level, or a valid health certificate within three months, and 1 copy of the entry registration form provided by the unit.

4. 1 copy of the entry commitment letter signed by the employee, a confidentiality and non-compete agreement signed by the employee if necessary, and the labor contract signed by the employee in duplicate, provided by the unit, and 1 copy of the salary approval table for the new employee.

There should be some companies that need it, some who don't, but most companies don't need it.

Not necessarily, some companies need it, some companies don't. If the company needs it, you can go to the original company and ask HR to issue a resignation certificate.

Not necessarily, most units do not require it, and there are few chats that require a resignation certificate.

Looking at the requirements of the new company, generally speaking, if you leave the company, it is best to ask the company to issue a certificate of resignation.

Yes, it depends on the company's regulations, but generally it is required.

After resignation, a resignation certificate must be issued to prevent the need to rush to the department when joining the new company in the later stage, and the resignation certificate can prove that the employer and the employee have terminated the labor relationship; If you prove that you are a free person, you can apply for unemployment benefits or apply for a new position; You can use this to transfer your personal relations, social security, provident fund, etc.

Proof of resignation is important.