The file has been transferred Can you still issue a dismissal certificate 10

If the employer dismisses the employee without cause, it shall issue a letter of dismissal for the employee, and the employee may apply for labor arbitration to demand the employer to pay compensation for the illegal dismissal.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. 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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

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 worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

It should be a "resignation certificate", not a dismissal certificate, that unit will be stupid enough to give you a dismissal certificate? It should be issued by the original unit, not the talent market. In addition, if you need to transfer the file, there is no direct correlation with this, let the unit where the file is transferred issue a "file transfer letter", consult the personnel department of the transfer unit, and it is very clear that the "file transfer letter" will be handed over to the institution where the file is now stored, and the file can be transferred.

Go back to the original unit to open. As long as there is sufficient evidence of work in the unit, it should not be difficult to issue a resignation certificate. Unless ......Something well-known happened.

The solution to the file without a certificate of resignation:

1. You can go to the social security management center where the unit is located with your ID card to inquire about the insurance and payment status, and ask for a certificate. Then take the insurance and payment certificate to the talent center to discuss, "If the resignation certificate is lost, the insurance certificate can also explain the situation and whether it can be flexible."

2. If the above methods really don't work, it is recommended to put the file into the labor and social security department where the household registration is located, which should be no problem. In the future, when the unit is hired, I will find a way to transfer it to the talent center.

How can an individual transfer to social security if there is no resignation certificate?

1. Apply for the issuance of the "Basic Pension Insurance Participation Payment Certificate", and after the payment unit dissolves (terminates) the labor relationship, the paying employee can apply for the issuance of the "Basic Pension Insurance Payment Certificate" by himself or the payment unit with the following materials and closed search materials;

2. Present the "Participation Certificate" to apply for the continuation of the pension insurance relationship, and the paying employee shall present the original and copy of his or her "Participation Certificate" to the social insurance institution of the new place of employment and fill in the "Application Form for the Transfer and Continuation of the Basic Pension Insurance Relationship" (Annex 1), and if the transfer conditions are met, the social security agency of the new place of employment shall issue the "Contact Letter for the Transfer and Continuation of the Basic Pension Insurance Relationship" to the original social security agency;

3. After receiving the "Contact Letter", the original social security agency shall check the relevant information to generate the "Basic Pension Insurance Relationship Transfer and Continuation Information Form" and go through the transfer procedures and transmit it to the social security institution of the new place of employment;

4. To go through the procedures for continuing insurance, the social security institution of the new place of employment shall check the "Information Form" and the transfer amount within 15 working days after receiving the "Information Form" and the transfer, and credit the transfer amount to the personal account of the overall coordinator and the insured person respectively according to the regulations, and notify the employer or the insured person to bring the following materials to confirm the transfer and continuation.

If the employee's file is stored in the employer, it is not possible to transfer the file from the employer without going through the resignation procedures and obtaining the resignation certificate. If the worker deposits the talent market, he or she can go to the talent market to adjust the file after obtaining the file adjustment certificate issued by the receiving unit. "Interim Regulations on the Human Resources Market" Article 15 Public human resources service institutions shall not charge fees for the following services:

1) The release of information on the supply and demand of human resources, market wage guidance prices, vocational training, etc.; (2) Job introductions, career guidance, and guidance for starting a business; (3) Consultation on policies and regulations on employment, entrepreneurship and talents; (4) Implementing employment assistance for persons with employment difficulties; (5) Handling employment registration, unemployment registration and other matters; (6) Handle the formalities for accepting graduates of institutions of higher learning, secondary vocational schools, and technical schools; (7) Personnel file management of mobile personnel; (8) Other services determined by the people at or above the county level.

Legal analysis: No, what the talent center needs to keep is the file adjustment letter and receipt, which unit to work in is my freedom, as long as I and the new unit have issued relevant certificates, and bear the relevant responsibilities for the talent center, the talent center does not care about these. They just need to ask for the procedure to be legal.

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

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 37 A worker 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.