Do I have to submit a resignation certificate when joining a new company?

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.

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.

When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, work safety 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Whether you need a resignation certificate to join a new company depends on the requirements of the unit. In order to avoid the legal risk of duplicate employment, employers usually need the employee to provide a resignation certificate. However, the relevant laws do not clearly stipulate whether the employee needs to provide a resignation certificate to join the new unit, and the specific situation needs to be consulted by the personnel department of the Qingyin unit.

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.

Legal basisArticle 39 of the Labor Contract Law of the People's Republic of China.

The employer may terminate the labor contract if the employee unilaterally terminates the labor contract (dismissal for fault) under any of the following circumstances.

1) During the probationary period, Yumeng Hall is proved not to meet the employment conditions;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

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.