The original work unit is gone, how to issue a resignation certificate

The certificate of resignation is issued when you are about to leave the company. When leaving the unit, you must go through the formal resignation procedures, and you need to obtain and keep the following information for future use:

1.The employment contract signed with the employer.

2.Employee registration form (in the file).

3.Proof of termination of employment contract.

4.Pension insurance discontinuation policy or transfer order.

The original unit is gone? Is the office address changing? Or is it a unit merger, reorganization, bankruptcy, or something like that?

If the next employer you are applying for requires you to issue a resignation certificate, you can explain the specific reasons to the employer, and you can also submit the social security payment details of the previous employer, employment permit, etc., which can help you prove it.

You can only go to the relevant industrial and commercial bureau to open a certificate that the company has been cancelled, the company has no resignation certificate is impossible to issue, if the new unit deliberately does not recognize, then there is no way, the key points,"deliberately".

It depends on what you are doing with the resignation certificate, if it is to find a job, I think you can explain it to the unit, or find some proof that you have worked in the original unit, if you are doing something else, you have to use the resignation certificate, then you can only find a random unit to make one!

You only need to submit an application for resignation one month in advance, and the employer will deduct your salary, and you can complain to the labor inspection department or file a labor arbitration.

Go to your local employment bureau to find information.

to the original unit to reissueProof of resignationor negotiate with the new authority to explain the situation.

Workaround for resignation without proof of resignation:

1. Reissue: The most direct way is to return to the original unit for a reissue of the resignation certificate, even if you are fired, you can request a certificate of termination of the labor contract.

2. No need to apply: the original unit is in the probation period, has not signed a contract, and has not paid social security, and does not need to apply for a resignation certificate;

3. Apply for background adjustment.

If you do not have a certificate of resignation, you can apply to the new employer to make sure that you do not have a contract dispute.

The purpose of the resignation certificate is to prove that the employee has terminated the employment relationship with the previous company.

In addition, the resignation certificate also indicates the employee's job position, work department, and the time of entry and resignation of the job. The resignation certificate is issued by a third party, which facilitates the authenticity of the experience of suitable workers and helps to avoid the legal risk of repeated employment of employees. It is a certificate that most units require.

1. Reissue: The most direct way is to return to the original unit for a reissue of the resignation certificate, even if you are fired, you can request a certificate of termination of the labor contract.

2. No need to apply: the original unit is in the probation period, has not signed a contract, and has not paid social security, and does not need to apply for a resignation certificate;

3. Apply for background adjustment: If there is no resignation certificate, the job seeker can apply to the new unit for background adjustment to confirm that there is no contract dispute between them;

4. Writing a letter of commitment: When you join a new company, manually writing a letter of commitment can also replace the resignation certificate.

1. Return to the original unit to reissue the resignation certificate.

It is the obligation of the original employer to issue a resignation certificate, and the departing employee has the right to request the original employer to issue a resignation certificate. If the original employer resolutely refuses to issue a resignation certificate, the resignee can file a complaint with the labor inspection brigade, and the department will order the original unit to make rectifications, or it can directly apply for labor arbitration.

Under normal circumstances, as long as it is a normal departure, the original unit will not refuse to issue a resignation certificate, even if it is lost at the beginning and goes to reissue, the original unit will not refuse, and few units are willing to find something to do.

Legal basis:1The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract;

2.The employer shall, within 15 days of dissolving or terminating the labor contract, go through the formalities for the transfer of the employee's file and social insurance relationship;

3.The worker shall handle the handover of work in accordance with the agreement between the two parties;

4.Where an employer shall pay economic compensation to a worker in accordance with the relevant provisions of this Law, it shall be paid at the time of completion of the work handover;

5.The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

1. What should I do if there is no resignation certificate from the original unit?

1. There is no way to prove the resignation of the original unit as follows:

1. Reissue: The most direct way is to return to the original unit for a reissue of the resignation certificate, even if you are fired, you can request a certificate of termination of the labor contract.

2) Apply for a background adjustment, if there is no resignation certificate, the job seeker can apply to the new unit for a background adjustment to confirm that there is no contract dispute between them.

2. Legal basis: Article 49 of the Labor Contract Law of the People's Republic of China.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

2. What should I do if the resignation certificate of the original unit is not issued?

1. The resignation certificate is the legal obligation of the employer. It can be resolved through negotiation with the employer;

2. If the negotiation fails, if the employer refuses, it can file a complaint with the local labor inspection department or apply for labor arbitration. The worker shall handle the handover of work in accordance with the agreement between the two parties; ”

If the employer refuses to issue a resignation certificate, it may file a complaint with the local labor inspection department, and the labor administrative department shall make a decision to order the employer to perform its obligations. In addition, the worker may also apply to the labor arbitration commission for arbitration, which will adjudicate and mediate in accordance with the law. If the worker is not satisfied with the ruling, he can also file a lawsuit with the court.

Labor Contract Law of the People's Republic of China

Article 50. 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, in accordance with the agreement between the two parties, handle the work handover and grasp the difficulty.

Where an employer shall pay economic compensation to a 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.

Labor Contract Law of the People's Republic of China

Article 89.

If the employer violates the provisions of this Law and fails to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections;

If any damage is caused to the worker, he shall be liable for compensation.