What should I do if I have left my job but have not yet received a resignation certificate?

As we all know, resignation requires a resignation certificate.

Many companies have different ideas, so after the employee leaves the company, it will not give the employee a resignation certificate in a timely manner, at this time we must take a way to protect their rights and interests, and then I will introduce it to you. <>

1. What should I do if I have left my job but have not yet received a resignation certificate?

First of all, we must know that the regular company will also sign a certain employment contract when it is employed, so when you leave the job, you also need a resignation certificate, if there is no resignation certificate, then the employee will be restricted when looking for a job, and at the same time, because there is no resignation certificate, only can not find a job, so the resignation certificate is a very important proof for employees, with this certificate to be able to find a job, but also to quickly enter the next position. Secondly, the employees who have found a good company can discuss with the new company in advance, indicating that their status is in the state of resignation, but they have not obtained the state of resignation certificate, at this time the new company will generally not transfer insurance, because there is no resignation certificate can not be transferred to insurance, at this time it is necessary to contact the relevant personnel of the company to obtain a certain method to get their own resignation certificate, in order to ensure their five insurances and one housing fund.

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2. Adopt legal means

In addition, it is very important to know that the resignation certificate is very important, many employees will have certain disputes with the original company because of the resignation and resignation certificate, so it is best to negotiate with the original company in a timely manner, if the original company's attitude is more tough or more domineering, at this time it is necessary to protect their rights and interests through legal channels, and the original company can sue the original company to get their resignation certificate. <>

III. Conclusion

Finally, I would like to say that employees need to apply for resignation one month in advance, if the employee does not apply for oral resignation on the same day one month in advance, and moves his things out of the company, then the company has the right to deduct the employee's resignation certificate, so if you want to legally and quickly get your resignation certificate, you must take relevant regulations and go according to the company's procedures.

You can ask the original unit for a resignation certificate directly, since it has been dealt with, the original unit will not give a resignation certificate, and the resignation certificate is also required for the next job, and the unit generally understands, so you can ask for it directly.

Contact the relevant person in charge of the company, actively improve the resignation-related procedures, if you have handled the transfer of files, social insurance, housing provident fund, etc., you can also do not need to leave the procedures.

Be sure to communicate with the company in a timely manner and understand the specific situation, so that it will not affect your future job search.

Legal analysis: If the employee has completed the resignation procedures with the employer, such as the suspension of social security payment, salary settlement, file transfer, etc., in fact, the employee has officially resigned. However, if the employee does not obtain a certificate of resignation, the next employer may require a certificate of resignation before proceeding with the employment procedures, which may affect the employment status of the next employer.

Legal basis: Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

It is not enough for an employee to leave the job with a resignation certificate. The worker shall complete the work handover as agreed, and the employer shall transfer the file and social security for the worker in a timely manner, as well as settle the salary, pay economic compensation and other expenses in accordance with the law, in addition to issuing a resignation certificate.

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. If the employer pays economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it 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 of the Labor Contract Law of the People's Republic of China If an employer violates the provisions of this Law by failing to provide the employee with a written certificate of termination or termination of the labor contract, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Solution: You can negotiate with the employer to sign a letter of commitment, promising that there is no existence or termination of the employment relationship with the other employer, and there will be no obstacle to employment with the company. Otherwise, you shall bear the consequences of the losses caused by yourself, and you shall compensate for the losses caused by the unit.

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. The role of the separation certificate:

For employees, a resignation certificate is a certificate of the end of the employment relationship, which is mainly used to provide to the new company as a simple entry material, indicating that you have dissociated from the previous company and can enter the new company with peace of mind. On the other hand, the resignation certificate can also be used as an important document in the event of a labor dispute. How to open a resignation certificate:

Based on its purpose, the resignation certificate should include the employee's name, ID number, date of employment, date of resignation, department, position and other matters to be explained in the non-compete agreement, and be stamped with the company's official seal before it can take effect. 2 For the company, the issuance of a resignation certificate also draws a clear line between itself and the employee. The company should keep the basic information of the employee in the company and the resignation certificate number for future verification.

3. In order to make the resignation certificate authoritative and prevent others from fraudulently using the resignation certificate issued by the company, stamp the two copies of the resignation certificate between the company's stub and the employee's retention. Only the "Unemployment Insurance Regulations" promulgated in 1999 stipulate that urban enterprises and institutions shall promptly issue certificates of termination or termination of labor relations for unemployed persons from the perspective of handling unemployment insurance and enjoying unemployment insurance benefits. 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. This has also triggered social discussions and calls that employees should hold a resignation certificate when they are re-employed, and that the original employer should issue a resignation certificate for the employee. Drawing on international experience, in order to safeguard the order of the labor market and the rights and interests of employees, this Law clarifies the legal obligation of the employer to issue a certificate of dissolution or termination of the labor contract.

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. Generally, a dismissed employee is issued a dismissal certificate instead of a resignation certificate. Since there is no specific unit for the certificate of resignation, it is not necessary to write the name and address of the recipient, but only the date of issuance of the certificate.