Can I join the company without a resignation certificate?

You can apply for employment without a resignation certificate, which depends on the regulations of the employer. The employer requires a resignation certificate to avoid other problems caused by the new employee who has no resignation certificate to prove that he or she has terminated the employment relationship with the original employer. Generally, the original employer shall issue a resignation certificate when terminating the employment contract.

Purpose of Separation Certificate:

1. Proof that the employer and the employee have terminated the labor relationship;

2. Prove that you should resign in accordance with the 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 personnel relations, social security, provident fund, etc.

Article 50 of the Labor Contract Law of the People's Republic of China stipulates that an 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 stipulates that if an employer violates the provisions of this Law and fails to provide an employee with a written certificate of dissolution 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. The main reason why the new employer requires the parties to issue a certificate of resignation from the original employer is that it is implemented in accordance with the provisions of the Labor Contract Law of the People's Republic of China, which stipulates that 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 the employee can give a reasonable reason, we need to ask the employee to provide evidence of the termination of the employment contract with the original employer, such as: the work handover sheet between the employee and the original employer; The resignation flow chart required by the original employer; A certificate issued by the employee from a social insurance institution that the employee has been reduced by his or her social insurance, etc.

Yes, not every factory requires a resignation certificate to join the company, as long as you terminate the labor contract with the previous company, you can also join the company.

Generally, regular units require a resignation certificate to prove your work history, but some small units also do not need it, you can confirm this with your recruiter.

This needs to depend on the requirements of your new company, how strict the requirements will be required for your previous company's resignation certificate, if not required, then don't, most companies are needed.

Can I join the company without a resignation certificate?

Looking at the rules and regulations of each company, strictly speaking, it is generally required, but now many companies do not require a resignation certificate.

1. The main purpose of the resignation certificate is to prove that there is no labor relationship with other units and to avoid recruiting employees from other units and causing disputes. Therefore, if it is not necessary, you can negotiate with the employer to sign a letter of commitment, promising that there is no existence with other units or that the employment relationship has been terminated, and there will be no obstacle to employment with the company. Otherwise, the consequences of the losses caused shall be borne by themselves, and the losses caused by the unit shall be compensated by themselves.

2. Regarding the dispute with the original unit, the law stipulates that special skills training and pre-job training are generally not recognized.

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.

In order to avoid the risks caused by the employment of employees who have labor relations with other employers, the employer generally requires the employee to provide a resignation certificate issued by the original employer in order to avoid the risk caused by the employment of the employee who has an employment relationship with the other employer. Such a requirement is in accordance with the above legal provisions.

Article 89 of the Labor Contract Law stipulates as follows: If an employer fails to issue a written certificate of dissolution or termination of the labor contract to the employee in violation of the provisions of this Law, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

The above clause stipulates that the employer shall fulfill the legal responsibility of issuing a resignation certificate. When dealing with this problem, it is recommended to tell the recruiter the truth about the situation and communicate whether the solution can be provided; On the other hand, it is recommended to actively coordinate with the original unit at the same time, and if the coordination fails, it is recommended to report the situation to the local labor administrative department (local human resources and social security department, labor inspection department) and assist in solving the problem. When coordinating and responding to the situation, Zhao Jingzhi should keep the corresponding evidence and materials, and when his legitimate rights and interests are infringed, he can use it as evidence to demand reasonable compensation.

<> "Hello friends, generally speaking, not having a resignation certificate will not affect your employment. However, the specifics may vary depending on company policy. If you have confirmed the date of separation and agreed with your current employer, you can provide the company with a separation agreement, a separation certificate, or a separation letter.

These documents can prove that you have been terminated from employment with your current employer, and you can leave your job and start a new job. If you leave the company without signing a repatriation separation agreement, you can ask your current employer for a certificate of separation. If you are in a situation where you are in a dispute before you have signed a separation agreement, travel arrangements or other disputes, you should contact your current employer as soon as possible and try to resolve any disputes.

In conclusion, it is a good idea to agree with your new employer about the start date and required supporting documents, and at the same time communicate with your current employer and understand the company's policies to minimize potential headaches.