Explain the reason. If it's really not possible, just tell the personnel that they can do a backgr
Explain the reason. If it's really not possible, just tell the personnel that they can do a background check, that's all.
Personal experience, the general company will want it, but it is not impossible for you not to. I mean, I lost my old company and moved. At that time, HR (the company is one of the top 500 companies in the world) asked me to write a letter of commitment, which roughly means that I have left a company. If there is any dispute with the former company that has nothing to do with the current company, I will say a few words casually and then go through the entry formalities.
I have an example of this problem around me. My friend Jingjing leaves her job, and then she looks for the next job. When joining a new company, she needs to provide the resignation certificate of the original company. Because many private enterprise systems are not so perfect, employees will not give you proof of resignation when they leave. The resignation certificate involves the signature and official seal of the leader. What if you don't get it?
Thank you for your main question. I'll get it.
Since the implementation of the Labor Contract Law in 2008, every company has paid more attention to this issue. When leaving the company, the previous company will take the initiative to issue a certificate, and the new company will ask for it when it joins the company. Therefore, the present situation of the problem raised by the subject will appear.
What you need to confirm now is, when you left your last company, did the company give you the certificate of resignation, or did you lose it because you didn't keep it properly? In any case, solving this problem is actually very simple.
0 1. Contact a company HR and ask them to reissue the receipt. Just yesterday, a colleague of the company called me and asked me if I could give him a certificate of resignation. My first reaction at that time was, did I forget to give him a resignation certificate, or did I not give it to him after I left?
I dug up this colleague's relevant resignation materials and personnel files and confirmed that I had issued him a resignation certificate as required when he went through the resignation formalities, so I called him back and told him the actual situation.
This colleague later said to look for it at home. If he can't find it, can he get a new receipt Faced with this problem, my opinion is that I don't think there is anything wrong with the company as long as it doesn't involve modifying the resignation information. So, I replied that he had no problem. If you can't find it at home, you can come to the company to reissue it.
Therefore, in the face of such problems, the subject should contact the personnel department of a company and ask them to issue a receipt.
02. What if the company doesn't issue a receipt? It may happen that some people may embarrass the resigned employees in order to show their rights or superiority. Faced with this problem, it is mainly to determine whether the company has a resignation certificate when leaving the company. If you have already sent it and lost it for your own reasons, you can only ask your former colleagues to work hard.
If you leave your job because the company didn't give you a certificate, you can clearly tell this colleague who is in trouble. According to Article 50 of the Labor Contract Law, it is a legal obligation for the company to issue a certificate of resignation. If the company does not issue a resignation certificate, the employee may report a complaint to the relevant labor department according to Article 89 of the Labor Contract Law, and may ask the company to compensate the losses caused thereby.
For those who leave the company legally according to the regulations, issuing the resignation certificate has no risk to the company, but is to help the company avoid risks, so the company will cooperate to help solve this problem in the end. I hope it can help the subject. If you have any other questions, you can trust me privately.
The above only represents personal views. If you have different opinions or suggestions, please leave a message below for discussion. If you agree with me, please pay attention to me, and I will continue to provide workplace information, thank you! Let me answer your question.
From two aspects, from the employer's point of view, if the new employee can't get the resignation certificate, he can use the notification commitment system, that is, he intends to write a commitment letter to the effect that I meet the recruitment conditions of the company and can't get the resignation certificate for XXX reasons; If my statement is untrue and violates the principle of good faith, I will voluntarily undertake legal responsibility. Finally, let the new employees press their fingerprints under the letter of commitment.
From a personal point of view, we should actively communicate with the competent leaders and explain the reasons why we can't get the resignation certificate. If conditions permit, it should be proved by former colleagues.
The above two methods are not feasible, so leave them alone for the time being and wait for the company's personnel department to deal with them. As long as your work is not important, these procedures are just a formality, and time will pass if it drags on for a long time; If you can't put it off, you must do it yourself. At most, you just need to change your job. Nothing, don't worry.
It's just a cover. You can't teach it, can you?
Every company may require a certificate of resignation, because it is necessary to prove that you are in a state of resignation before signing a labor contract with you. Once the unit hires employees on the job, it will be punished if there is repeated employment.
1, it is best to negotiate with the last company to open one. If you have just left your job, the personnel are well aware of your situation, and it should not be a problem to forget to give you a certificate. Just send you a certificate directly. If you leave your job for a long time and the personnel can't remember the situation clearly, ask the personnel to check it for you (there will always be a stub after the opening). If it hasn't been opened, see if it can be opened directly. If it has been opened, see if you can make up a copy. If the company doesn't want to give you a hard time, the above methods can solve the problem.
2. The last company couldn't start and asked the government for help. We should all have something called an employment permit, which actually records employment and unemployment. If it is really difficult for your company to refuse to open, then you can take the social security suspension policy as proof and ask the street to register for unemployment, so that you can record that you are unemployed at this stage. If the unemployed are re-employed, there will be no problem in the new unit.
I hope to help friends who have the same problem.
Welcome to pay attention and exchange.
If you leave your last company normally, it is the obligation of your last company to issue you a certificate of resignation. You can apply for labor arbitration to require the original unit to fulfill its subsequent obligations and issue a resignation certificate. You can refer to Article 50 of the Labor Contract Law, which should be helpful to you.
However, if you are forced to terminate the labor contract by your former company because of other problems, you must also give the resignation certificate, but the previous company may truthfully fill in the reasons for leaving the company, which will affect your employment in the next company.
Cheating is not recommended. I suggest you talk to hr classmates in a company. After all, it is a society ruled by law and can be reasonable.
Usually, the new company will require employees to provide the resignation certificate of the previous company when they join the company. If you don't have the resignation certificate from your last company, you should take the following measures according to the reason why your last company didn't give you the resignation certificate.
(1) Negotiate with the new company to delay providing the resignation certificate to gain time. Under normal circumstances, the new company will require employees to submit all kinds of entry materials after it decides to hire new employees. At this time, you can negotiate with the personnel of the new company to delay the submission of the resignation certificate.
Therefore, as long as the company personnel are truthfully and objectively informed of the reasons and want to delay the submission of the resignation certificate, grace will generally be given, as long as it is handed in during the probation period.
(two) according to the reason why the last company did not issue a resignation certificate, choose the treatment method. In general, the problem can be solved by the above methods. If you really encounter extreme former companies and new companies, one is that you just don't issue a resignation certificate, and the other is that you will be dismissed without a resignation certificate. At this time, you can apply for labor arbitration and ask the original company to compensate for the loss of being unable to continue working because of refusing to issue a resignation certificate. You can prepare offer, labor contract, salary standard, cancellation notice, etc. These evidences can be used as a favorable basis for judicial organs to judge the cause and amount of losses.
If the company refuses to provide the certificate of resignation and cannot negotiate, and your next company must have the certificate of resignation, then you have only two choices.
First, give up this opportunity, find a new job and go to a company that doesn't need to provide proof of resignation;
The second is to apply for labor arbitration and ask the company to issue a resignation certificate. You can ask the company to compensate for the economic losses caused by your failure to provide the certificate of resignation.
This problem is quite common. Many people leave their jobs without going through the formalities. They didn't know there was a thing called a resignation certificate until they found a new job and the next company needed to provide it.
From the first day of employment, you established a labor relationship with the company, and the company signed a labor contract with you;
When you leave your job, the resignation certificate proves that the labor relationship you established with the company has been dissolved.
Recruiting employees in a company is not just about arranging work, but paying wages on time. If the company employs employees from other companies, it may be jointly and severally liable for some problems.
Therefore, it is necessary to clarify the relationship between the two parties before joining the company, and the method is to verify it through the resignation certificate.
There is another reason. Take Tianjin as an example. When the company went to the Human Resources and Social Security Bureau to register for employment, the previous company had not registered for resignation. At this time, the human resources and social security departments need to provide the resignation certificates of employees and the previous company before they can apply for employment registration.
According to the provisions of the Labor Contract Law, the company shall issue a certificate for employees to dissolve or terminate the labor contract, and it is illegal to refuse to handle it. If you just don't give it to the last one, you can ask the labor inspection or arbitration department for help.
If the last company has closed down, there is no way to reissue the resignation certificate, and you can also issue a company cancellation certificate to the next company in the industrial and commercial department.