What should I do if I don t have a resignation certificate when I join a new company?

If the employee does not have a resignation certificate, it will affect the employee's employment with the new company, and the employee can request the previous company to issue a notice of termination of labor relationship for him, and if the company refuses to issue a notice of termination of labor relationship for him, the employee can file a complaint with the local labor inspection department and request the employer to issue a notice of termination of labor relationship for him.

Generally, the new company requires you to issue this 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 labor contract with another company, and causes losses to the original employer, the new employer has the responsibility to compensate. Therefore, there is no problem if the above situation does not happen.

According to Article 91 of the Labor Contract Law, if an employer recruits a worker who has not dissolved or terminated the labor contract with another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

If there is no resignation certificate, you can claim from the former unit and request the issuance of a resignation certificate. The new employer requires employees to issue a resignation certificate to avoid the risks they 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. Therefore, if the above situation does not occur, there is no problem without a certificate of resignation.

Legal basis: Article 91 of the Labor Contract Law provides that if an employer recruits a worker who has not terminated or terminated a labor contract with another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

Legal analysis: 1. The employee goes back to the original company and asks the original company to re-issue a resignation certificate; 2. The worker negotiates with the new unit and sends a letter of commitment that the bad friend has resigned.

Legal basis: 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. Where an employer is required to pay economic compensation to a former worker in accordance with the relevant provisions of this Law, it shall be paid 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.

There won't be a problem!

Proof of resignation from the job applicant.

It is to prove that there is no labor relationship between itself and other units, which is to avoid labor disputes caused by the employment of employees from other units.

One thing to focus on.

Therefore, a resignation certificate is not a requirement for a candidate to join a new company.

In this case, the company can ask the new employee to sign a pledge.

Promise that the employment relationship with other units does not exist or has been terminated. Otherwise, the consequences of the loss caused by the new employee can be borne by themselves.

1. About the resignation certificate.

relevant legal provisions.

1. Paragraph 1 of Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when it contacts or terminates the labor contract.

Key point: The employer has obligations.

2. Regulations for the Implementation of the Labor Contract Law.

Article 24 stipulates that 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 employee, and the number of years of service in the employer.

2. On the legal role of the resignation certificate.

1. The legal effect of the resignation certificate: It proves that the employee to be recruited has terminated the labor contract with the original employer, and there is no legal obstacle for the new employer to recruit the employee.

2. Article 91 of the Labor Contract Law stipulates that an employer shall be jointly and severally liable for damages caused to the other employers if it recruits a worker whose labor contract has not been terminated or terminated by another employer.

3. The solution for the employee to not be able to provide a resignation certificate.

1. Whether the employee can be hired if he or she cannot provide a resignation certificate: Although the employee cannot provide a resignation certificate, if the employee has objectively dissolved or terminated the labor contract with the previous employer, there is no legal obstacle to hiring the employee.

2. How to prove that the employee's labor contract has been terminated with the original employer.

or terminated? 1) The employee's resignation application to the original employer;

2) The employee's work handover record sheet with the original unit;

3) The employee's resignation flow chart in accordance with the requirements of the original unit;

4) The employee is in social insurance.

A certificate issued by the handling agency that the number of employees has been reduced by its social insurance, etc.

3. How to deal with the situation when they can provide other materials to prove that they have terminated the labor contract with the original unit?

1) Employees shall issue a letter of commitment to the company.

2) The recruiting unit will keep the supporting materials provided by the employee together with the letter of commitment as the employee's resignation certificate.

Hello, this can be discussed with the new company, you just said that it was opened before, I don't know where to put it, and then promise that there is no dispute with the previous company or anything, and then write a letter of guarantee, which is also okay, you need to communicate with the personnel of the new company, under normal circumstances, this situation is allowed.

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. Therefore, there is no problem if the above situation does not happen.

In accordance with the Labor Contract Law

Article 91 Where an employer recruits a worker whose labor contract has not been dissolved or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

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.

Can I find a new job without a leave certificate?

The main purpose of the resignation certificate is to prove that there is no labor relationship with other units and to avoid recruiting people from other units.

employees, causing disputes. Therefore, it is not necessary to sign a letter of undertaking with the employer, promising that the employment relationship with the other employer does not exist or has been terminated, 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.

If it is a new job, it is enough to tell the new company truthfully. If you have left your previous job, you can ask the original employer to issue a certificate of resignation. The employer shall issue a certificate of termination of the labor contract when terminating the labor contract.

1. How to handle the new company without a resignation certificate.

However, if you accidentally lose the resignation certificate, you can also ask the original unit to issue a resignation certificate for yourself.

The resignation certificate is a written proof of the termination of the labor relationship between the employer and the employee, and is a written material that must be issued by the employer after the termination of the labor relationship with the employee. It is used to prove that the employee no longer has an employment relationship with the employer at this time, so the employee should keep the resignation certificate properly.

2. Relevant legal provisions.

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. 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.

Joining a new company can be difficult without proof of departure. However, this does not mean that it is completely impossible. I recommend that you first present a formal written statement to the new company that clearly states the applicant's reasons for leaving and previous employment history.

This statement should contain information about the previous company and provide a letter of recommendation from a previous boss or leader to prove the applicant's professional ability and performance. In addition, applicants can provide the new company with previous salary slips, bonus certificates, social security certificates and other documents to prove their actual work experience in the original company. In addition, applicants can also improve their skill level by taking industry certification courses and earn industry-relevant certifications to better demonstrate their abilities.

In the process, applicants can actively participate in industry conferences and trainings to increase their social network and strengthen their connection with the new company. In short, the absence of a resignation certificate will not affect the applicant's entry into the new company, as long as the applicant provides relevant documents to prove his ability, strive to improve his skills, and actively participate in industry conferences and training, he can successfully join the new company.