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You go to the personnel or management department to get the resignation certificate (the company will give this certificate if you leave normally), and they can be queried by each other!
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1. After the handover procedures are completed, the personnel department of the company will issue the "Certificate of Termination of Labor Contract"; (within 10 minutes).
2. If there is no change in the household registration, the insurance should not be transferred, and the national social security may be networked in a few years.
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If the company does not issue a resignation certificate at the time of resignation, you can go to the monitoring team to complain. Some people can choose to go to the arbitration department to apply for arbitration if they have a dispute in their work, which will prevent these illegal acts. The resignation certificate must have the handover of the job and then the consent of the employer, otherwise there is no way to leave.
There are many people who will apply for the company through some software, and be hired by other colleagues, which will also lead to a better position. <>
If you sign a contract casually when you join the company, you may lose a lot. If you do not have a certificate of resignation at the time of employment, there is no way to join the new company and file a complaint. The loss is the original company, so I want to hold on to it as well.
The resignation certificate must follow the normal path, otherwise it will be very difficult to recruit. If you have special things to do when you leave the company and you have not fulfilled the contract, then the employer will keep holding on to it. <>
If you choose to go to another company without your resignation certificate, this company will also have to bear a certain risk. The reason why the previous employer did not give a resignation certificate was because it wanted not to let everyone leak some information. Each unit will take into account the interests of the company, so it is also human nature, and you can also choose to hire a lawyer to help you.
Some people feel that they don't get along well in this company, and the environment is something they don't like. If you don't understand anything at work, you can also choose to ask the leader, so that you won't keep going around and around, and there will be contradictions. It is not easy for everyone to find a job, so you must cherish your position and make yourself happier.
If everyone's resignation certificate is not clearly written, it will also affect the future operation, so everyone should carefully fill in their resignation report.
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You can go to the local labor bureau to complain, or you can call ** to 12345 to complain, you can use these methods to arbitrate your previous company, because they are not legal, so as long as they will lose the labor arbitration, they will need to compensate you twice the salary.
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I think you should find a good communication with the personnel of a company, and if he does not give you a resignation certificate, you can choose to report to the relevant departments to protect your own legitimate rights and interests.
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At this time, you must apply for labor arbitration, because the other party has no right not to give you a resignation certificate and ask the other party for compensation.
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In this case, you can apply to the labor bureau and ask the previous company to show you the resignation certificate.
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OK. 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 shall complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
As long as you speak better, the original company will generally help you open it.
If it doesn't help you open,You can click on my avatar and go in to see the introduction inside. Salary certificate, resignation certificate, and other documents, this little sister can help you. The company guarantees that your personal information will not be leaked and safe.
And ***, **cheap. Little sister, I'm waiting for you
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If the employee voluntarily resigns from the original company, the consent of the company's personnel department must be obtained, and the company will issue a resignation certificate only after obtaining the consent.
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For the worker to take the initiative.
Termination of the employment contract.
The employer shall issue a certificate in accordance with the law when going through the relevant formalities for terminating the labor contract.
The resignation certificate does not need to be issued at the request of the employee.
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1. It needs to be issued to you, because when you go to the next company, the personnel department of the new company will ask you for a resignation certificate, so as to determine that you have terminated the labor relationship with the previous company, so you still need to be issued by your current company.
2. Even if you don't open it now, you may have to return to Wang Fang to open it in the future, and that may cause other unknown problems.
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If the employee's resignation expires, the employer shall issue a notice of termination of the labor relationship for the employee within 15 days, and go through the resignation procedures and social security transfer procedures for the employee.
According to Article 15 of the Notice on Several Issues Concerning the Implementation of the Labor Contract System (1996):
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 proof of the employee's entitlement to 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. ”
According to 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 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.
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【Legal Opinion】 If the employee and the employer terminate the labor relationship, and the employee passively resigns, the reason for the resignation certificate needs to be written with the words "company reasons", and if the employee takes the initiative to terminate the labor relationship, the reason for the resignation certificate needs to be written with the words "personal reasons", and if the legitimate rights and interests of the employee are infringed, the employee has the right to request the relevant departments to deal with it according to law, or apply for arbitration or litigation in accordance with the law. Legal basis: Labor Contract Law Article 36 The employer and the employee 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. Article 38 Under any of the following circumstances, an employer may terminate a labor contract: (1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. Article 77 Where the lawful rights and interests of a worker are infringed upon, he or she has the right to request the relevant departments to handle the matter in accordance with law, or to apply for arbitration or litigation in accordance with law. Article 78 Trade unions shall safeguard the lawful rights and interests of laborers in accordance with law, and shall supervise the performance of labor contracts and collective contracts by employers.
If an employer violates labor laws, regulations, labor contracts, or collective contracts, the trade union has the right to submit opinions or request corrections; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with the law.
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The resignation certificate is a relatively common legal document, after the employee leaves, it must be issued a certificate, and the resignation certificate needs to have the necessary format, and it also needs to be stamped with a fresh seal to have legal effect, and it needs to be stamped with a personnel seal or official seal, so why does the company need a resignation certificate? Let's talk about this question below!
OneWhy does the company need a resignation certificate?
If an employer recruits a worker who has not terminated the labor contract, the employer shall be jointly and severally liable for the economic losses caused by the original employer. Therefore, in order to avoid risks, employers require employees to provide proof of resignation.
In addition, resignation certificates are required to transfer out of personnel relations, renew social insurance, and apply for unemployment insurance.
IIThe purpose of the separation certificate
1.Proof that the employer and the employee have terminated the employment relationship;
2.Proof of resignation in accordance with normal procedures;
3.Proof that he is a free person and can apply for unemployment benefits or apply for a new position;
4.You can use this to transfer your personal relations, social security, provident fund, etc.
IIIConsiderations for Separation Certificates
1.Pay attention to the necessary format for issuing a resignation certificate.
2.The resignation certificate must be stamped with a "fresh seal", that is, the copy of the resignation certificate is invalid.
3.The seal must be the official seal or personnel seal of the unit.
4.The most important point of the resignation certificate is that the content is basic information, which should be objective and not subjective.
The employer shall issue a certificate of termination of the labor contract when terminating the labor contract; According to Article 89 of the Law, if an employer fails to issue such a certificate to an employee, it may not only be ordered by the labor administrative department to make corrections, but also compensate for the losses caused to the blind worker.
As can be seen from the above provisions:
First, when 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, which is a post-contractual obligation imposed by the law on the employer to block the vacant position, and is by no means the "right" of the employer over the employee, and the employer shall bear 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 because the main functions of the certificate of termination of the labor contract are, first, to present the employee's previous employment information to facilitate the employee's reemployment, and second, to provide the employee who has left the company for unemployment registration.
This article introduces the content of "why the company needs a resignation certificate", mainly to introduce to you why the company needs a resignation certificate, as well as the purpose of the resignation certificate and the precautions for the resignation certificate.
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Summary. Hello dear, the resignation certificate refers to the certificate of information about the employee's employment position issued by the original enterprise when the employee leaves the original enterprise. The resignation certificate is a proof of the termination or termination of the labor contract between the worker and the original employer, and is also an important material for the worker to apply for unemployment insurance.
The employer shall issue a certificate of termination or termination of the labor contract when terminating or terminating the labor contract. The unit and the worker have their own share. If the company does not issue a resignation certificate to the employee, the employer shall compensate for the losses caused by the termination of the labor contract.
I resigned, does the company need to give me a resignation certificate? What would happen if it didn't.
Hello dear, the resignation certificate refers to the certificate of information about the employee's employment position issued by the original enterprise when the employee leaves the original enterprise. The resignation certificate is a proof of the termination or termination of the labor contract between the worker and the original employer, and is also an important material for the worker to apply for unemployment insurance. The employer shall issue a certificate of termination or termination of the labor contract when terminating or terminating the labor contract.
The unit and the worker have their own share. If the company does not issue a resignation certificate to the employee, the employer shall compensate for the losses caused by the termination of the labor contract. <>
Supplement relevant knowledge for you: 1. The unit prevents employment staff from serving as more than two points at the same time to reduce the rate of leakage of company secrets or other special needs. 2. When the new unit handles the job, it is determined that you and the original unit have terminated the labor relationship.
3. Employees can enjoy unemployment benefits by virtue of their resignation certificates. Article 5 of the "Labor Contract Law" stipulates: "The employer shall issue a certificate of termination or termination of the labor contract when it terminates or terminates the labor contract, and shall handle the file and the transfer of social insurance relations for the employee within five days."
Article 9 stipulates: "If a unit violates the provisions of this Law and fails to provide a worker with a certificate of termination or termination of the labor contract, the labor administration department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation. <>
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