What's the use of the certificate of separation? Does the employer have any requirements? The new unit wants the resignation certificate of the original unit to prevent the original unit from pursuing the responsibility of the new unit, because the labor law stipulates that the employer shall not accept the resignation certificate of the employee who has not terminated the labor relationship and the original unit.
? If you have no dispute with your old unit, you can write a note (or guarantee) to your new unit, stating that you and your old unit are temporary employees and there is no labor relationship. If your new unit has no worries, it is estimated that there will be no problem.
? 1) You can apply for labor arbitration, and the arbitration period is one year. I wonder if your time has passed. You should apply for social insurance from your original unit, and you should also pay late fees and economic compensation.
? 2) What is the purpose of giving the original resignation certificate to the new company? If it is annual leave, the nearest unit will do.
? 1) For uninsured companies, you only need to prove that you have a labor relationship, and your work permit, salary slip and labor contract can all prove it. As for how much to pay for applying for labor arbitration in the future, it is generally legal and does not need to spend too much thought.
? 2) If a labor contract is not signed, you can apply for salary in double indemnity.
? For the above arbitration application, you only need to prove that you have a labor relationship with the illegal employer and how long you have worked. If other social security is not paid and no contract is signed, the unit has the burden of proof.
? Description of standard format of resignation certificate:
? 1. certificate format, resignation certificate format.
? 2. Required information: company name (full registered name), employee name, employee position, working hours, certificate issuance date, and official seal ("riding year by month"). In addition, the ID number is usually indicated, because it is unique.
? 3. If there is a non-competition agreement and the company has paid compensation, it is recommended that the non-competition agreement be stated in the resignation certificate.
? 4. The company logo is printed on the header-promoting the company image. You can choose whether to add company contact information.
? 5. A4 paper is generally used for printing (document management standard). In reality, some companies also adopt the method of sealing the middle part in duplicate.
? 6. There is no typo, and tampering is not allowed. If there is any mistake, it is recommended to reissue it.
? 7. The current certificate is generally printed after adding change information on the basis of keeping the blank version, which looks neat and beautiful and easy to archive. Handwriting with sticky notes is not recommended.
What's the use of the certificate of separation? Does the employer have any requirements? The second part of the book? Description of standard format of resignation certificate:
? 1. Proof format.
? 2. Required information: company name (full registered name), employee name, employee position, working hours, certificate issuance date, and official seal ("riding year by month"). In addition, the ID number is usually indicated, because it is unique.
? 3. If there is a non-competition agreement and the company has paid compensation, it is recommended that the non-competition agreement be stated in the resignation certificate.
? 4. The company logo is printed on the header-promoting the company image. You can choose whether to add company contact information.
? 5. A4 paper is generally used for printing (document management standard). In reality, some companies also adopt the method of sealing the middle part in duplicate.
? 6. There is no typo, and tampering is not allowed. If there is any mistake, it is recommended to reissue it.
? 7. The current certificate is generally printed after adding change information on the basis of keeping the blank version, which looks neat and beautiful and easy to archive. Handwriting with sticky notes is not recommended.
? Standard form of resignation certificate
? Template 1
? employment separation certificate
? Mr./Ms./Ms. (ID number:) joined our company on 20xx 065438+1October 0 1 day, and worked as a personnel assistant in the human resources department. On July 3 1 day, he applied for resignation for personal reasons, and there was no bad performance during his tenure. After consultation, he has gone through the formalities of resignation.
? Because I did not sign the relevant confidentiality agreement, I complied with the freedom of choosing a job.
? This is to certify that.
? Company name (official seal)
? 20xx July 3 1
? Template 2
? employment separation certificate
? This is to certify that Mr./Ms./Ms was originally an employee of the Market Development Department of our company, and her working hours were from 20xx1October 0/day to July 3 1 day of 20xx. All resignation procedures have been completed. Hereby certify!
? Company name (official seal)
? 20xx July 3 1
? Template 3
? employment separation certificate
? Sir/madam/miss
? From _ _ _ _ _ _ _ _ to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Hereby certify!
? Company name (official seal)
? 20xx July 3 1
What's the use of the certificate of separation? Does the employer have any requirements? (Part III)? Generally speaking, it is not necessary for new units to participate in insurance. If it is a unit in the same area and the social security is not connected with the gold insurance project, you may need your pension insurance connection card, otherwise you will have to use a new social security number to join the insurance, and it will be very troublesome to merge the managers in the future.
? When a new company transfers to social security, it needs a certificate of resignation. After the employee resigns, the employer shall handle the resignation procedures and social security transfer procedures for the employee.
? After leaving the company, the original company will reduce the number of employees from its company account, and then the workers can continue to pay social insurance as freelancers themselves, or they can transfer to the new company account to let the new company continue to pay social insurance. Provident funds are similar to social security.
? If the new company is in a foreign country, it needs to go through the formalities of social insurance relationship transfer first. The following is how to handle the social security transfer procedures:
? 1. The original unit submitted to the social insurance center of the local People's Social Security Bureau the certificate of termination of the labor contract between the individual and the unit, the endowment insurance manual, and the registration form of the increase or decrease of the employee's endowment insurance payment, so as to reduce the number of individual accounts of employees, that is, to subtract the resigned employees from the company's social security account. After downsizing, the unit will return the employee pension insurance handbook, pension insurance personal account reduction form and other related procedures to you.
? 2. When the laborer goes through the transfer formalities, there must be a certain interval between the termination and dissolution of the labor contract. During this period, unpaid fees must be paid at the window of the social security center under the jurisdiction of the local human resources and social security department. Provide pension insurance handbook, pension insurance personal account personnel write-down form and other related procedures, and go through the renewal procedures in the name of self-employed. So that employees can go through the transfer procedures.
? 3. Before going through the transfer procedures, you must provide the self-employed service center with the detailed address, unit name, bank name, bank account number and other related procedures of the human resources and social security bureau of the transfer place, so that they can accurately transfer the amount of personal endowment insurance for retired employees and the interest during the period to the social security center that needs to be continued. In this way, the insurance relationship continues to be clear;
? 4. Procedures vary from place to place. You can call the national unified social security consultation telephone number 12333 for further consultation.
What's the use of the certificate of separation? Does the employer have any requirements? (Completed) Chapter 4? Basic information of resignation certificate
? There is no complete and clear regulation on the certificate of dissolution or termination of labor contract issued by the employer in China. Only the "Regulations on Unemployment Insurance" promulgated by the State Council 1999 stipulates that urban enterprises and institutions should issue certificates of termination or dissolution of labor relations for unemployed people in time from the perspective of handling unemployment insurance registration and enjoying unemployment insurance benefits. Article 99 of the Labor Law stipulates that if an employer recruits workers whose labor contracts have not been terminated and causes economic losses to the original employer, it shall be jointly and severally liable for compensation according to law. This has also triggered social discussions and voices, arguing that workers should hold a resignation certificate when they re-employment, and the original employer should issue a resignation certificate to the workers. Drawing lessons from international experience, in order to safeguard the order of the labor market and the rights and interests of workers, this law clarifies the legal obligation of the employer to issue a certificate of dissolution or termination of the labor contract.
? Resigned employees can apply to the Human Resources Department for resignation certificate. The resignation certificate issued by the human resources department only proves the date of entry, position and reasons for resignation. Generally, employees who are dismissed fill in the dismissal certificate, not the resignation certificate.
? Because there is no definite delivery unit for the resignation certificate, there is no need to write the name and address of the recipient, only the date when the certificate is issued.
? The reason for leaving
? 1. My reason for leaving my job: I hope to gain more experience in trade.
? The reason why I left my job is that I want to develop in the advertising industry.
? In order to take care of my old mother who lives far away, I applied for resignation.
? The reason why I left my job is this: I know there is no chance of promotion.
? I left my present job, hoping to get a higher position and take on more responsibilities.
? Prove useful
? 1, which proves that the employer and the employee have dissolved the labor relationship;
? 2. Prove that resignation is handled according to normal procedures;
? 3. If he is proved to be a free man, he 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 and so on.
? Processing mode
? First, you can find the personnel department of the resignation unit or entrust a friend company to handle it.
? Advantages: Free. Disadvantages: slow processing time (some enterprises are unwilling to open or have to wait a long time to open).
? Second, you can also find a formal agency in the market, such as Beijing Agency Network, but it usually costs several hundred yuan for service.
? Advantages: quick and worry-free. Disadvantages: high cost.
? Matters needing attention
? 1. Pay attention to the necessary format when issuing the resignation certificate.
? 2. The resignation certificate must be stamped with a "fresh stamp", that is, the photocopy income certificate is invalid.
? 3. The seal must be the official seal of the unit. And it must be a round stamp.
What's the use of the certificate of separation? Does the employer have any requirements? Chapter 5 (book)? First of all, please note:
? There are no complete and clear provisions in the current laws of our country on the certificate of dissolution or termination of the labor contract issued by the employer. Only the "Regulations on Unemployment Insurance" promulgated by the State Council 1999 stipulates that urban enterprises and institutions should issue certificates of termination or dissolution of labor relations for unemployed people in time from the perspective of handling unemployment insurance registration and enjoying unemployment insurance benefits.
? Second, the text:
? In practice, we understand and master the knowledge of resignation certificate, the main purpose is to protect our own workplace interests.
? 1, meaning of resignation certificate
? Prove your work behavior in the original unit;
? Nowadays, many companies require newcomers to provide resignation certificates, which has become one of the necessary materials for entry;
? At the same time, it shows that you have dissolved the relationship with your original unit to avoid disputes.
? 2. Contents of resignation certificate
? The content includes four parts,
? Basic information of personnel (name, gender, ID number) and work information (entry time, post, rank, income, etc.). ), the reason for leaving the company, and affix the official seal.
? Regarding the content, it should be emphasized that:
? First, whether the company has a model, it is best to reflect only basic information, because job information may affect the judgment of new employers.
? For example, I used to work in the customer department and applied for the marketing department of a new unit. Although the actual work content is the same, it will also cause misunderstanding.
? For example, when you apply for the position of manager, you also introduced the manager's work experience during the interview. In fact, you are the supervisor, which is not convenient for the new unit to know.
? Second, when employees are dismissed, they will generally issue a notice of dismissal or a certificate of dismissal;
? However, some companies have written on the resignation certificate that the reason for leaving is marked with the reason for dismissal.
? This kind of problem needs to be well communicated with the company and personnel. No matter how to solve it, it must not be reflected in the resignation certificate.
? Three, due to labor dispatch, outsourcing, subsidiaries and other reasons. , the company name and seal name are inconsistent.
? Be prepared, don't be asked by the new unit, unable to explain or speak hesitatingly, causing unnecessary misunderstanding.
? In short, the simpler the separation certificate, the better.
? 3. Procedures for resignation certificate
? Normal resignation, no dispute with the original unit, it will be smoother to issue a resignation certificate.
? Consult the personnel department first to see if the company has a fixed template, and if so, it can be issued directly by the personnel department;
? If you don't have a template, just find one online, as long as the personnel department approves it.
? Of course, this time will not be too long, as short as one day, but it will not be later than one week. Except in special circumstances.
? In most companies, the personnel department can handle all this and give you the finished version directly.
? Unless there is a company, the personnel department will write the content well and ask you to find the signer. This situation is rare.
? 4. Provide resignation certificate
? Although the new company will ask for a certificate of resignation, the laws and regulations do not clearly stipulate the party who submits the certificate of resignation.
? Therefore, we should pay attention to the following problems.
? The new unit will not insist on the format of the resignation certificate, as long as it covers basic information and has an official seal;
? If the new unit has no rigid requirements, it can provide a copy and keep the original;
? Van ibn
? employment separation certificate
? Mr./Ms./Ms. (ID number: xxxxxxx) joined the company on xx, XX, and worked as the human resources department and human resources assistant in our company. On XX, XX, my company applied for resignation for personal reasons, and there was no bad performance during my tenure. After consultation, we have gone through the formalities of resignation.
? Because I did not sign the relevant confidentiality agreement, I complied with the freedom of choosing a job.
? This is to certify that.
? Company name (official seal)
? XX，XX，XX，XX
What's the use of the certificate of separation? Does the employer have any requirements (Encyclopedia)? Xxx65438+February 1 joined our company as a post in a certain department, and applied for resignation for personal reasons on 20xx65438+February 12. During these two years, he had no bad performance, and was awarded the title of "XXX" (honorary) during his work. After careful consideration by the company, he was allowed to resign. He has gone through the handover procedures and got the resignation certificate. Because I did not sign the relevant confidentiality agreement, I complied with the freedom of choosing a job. This is to certify that. Company seal date: year, month, day, you can explain it, or you can write something and seal it in your previous company. The content is that an employee XXX worked in the company on a certain day in a certain year, and now he voluntarily resigned. This is to certify that. With this content, there is nothing else. To tell the truth, they can all call for advice. The following is how to write the resignation certificate, but I still can't find how to write it. Ask around where it is and tell me how to write. It's hard to find how to write. I really need to write now. If anyone can find out how to write, just tell me how to write. Thank you for telling me how to write. It is not easy to figure out how to write the resignation certificate. I still can't find the certificate of resignation here and here. Ask around where it is and tell me how to write the website. It is difficult to figure out how to write the resignation certificate. Now I really have to write a resignation certificate. If anyone can find out how to write the resignation certificate, please tell me how to write the website. Thank you!
? Under normal circumstances, the original unit should issue a resignation certificate for employees, but the Labor Contract Law does not clearly stipulate that the employer should issue a resignation certificate for employees, and the resignation certificate is a "resignation certificate". Did you have any problems with your company before? Whether it is or not, you should try to please the willing leaders and try to get the original unit to give you a certificate. If you still can't help, then find the original unit to copy your resignation report, so that you can have the certificate.
? Explain. I didn't report my resignation because I left (voluntarily). It is for this reason that my previous company didn't want to give me a resignation certificate, but my current company had to. Is there a compromise?
? If so, you can't blame your old company. Your fault came first. I think the new company needs your resignation certificate now. At present, it depends on whether you still have a relationship with your original company. So I suggest you go to the original company to admit your mistake, let the company understand you and give you a certificate. If the company still refuses, you can ask your former colleagues to come to your new company to prove that you left. I think the best way is the same.
What's the use of the certificate of separation? Does the employer have any requirements (Encyclopedia)? Party A: _ _ _ _ _ _ _ Company
? Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Party B, an employee of Party A, terminated the labor contract on _ _ _ _ _ _ _ _ _ _ _ _, and both parties confirmed the termination of the labor relationship.
? Both parties have reached an agreement on economic compensation and all issues during the existence of labor relations, and solved them once and for all. There are no more disputes and disputes that need to be handled by the labor dispute arbitration committee and the people's court. Meanwhile, Party B has completed the resignation handover.
? This is to certify that.
? Party A (signature): _ _ _ _ _ _ _ _ _ _ _
? Signature of Party A's representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Signature of Party B: _ _ _ _ _ _ _
? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
? Description of standard format of resignation certificate:
? 1, proof format.
? 2. Required information: company name (full registered name), name of the employee, position of the employee, working hours, date of issuance of the certificate, and official seal ("riding year by month"). In addition, the ID number is usually indicated, because it is unique.
? 3. If there is a non-competition agreement and the company has paid compensation, it is recommended that the non-competition agreement be stated in the resignation certificate.
? 4. Company logo-printed on the page header to enhance the company image. You can choose whether to add company contact information.
? 5. A4 paper is generally used for printing (document management standard). In reality, some companies also adopt the method of sealing the middle part in duplicate.
? 6. There is no typo, and tampering is not allowed. If there is any mistake, it is recommended to reissue it.
? 7. The current certificate is generally printed after adding change information on the basis of keeping the blank version, which looks neat and beautiful and easy to archive. Handwriting with sticky notes is not recommended.
What's the use of the certificate of separation? Does the employer have any requirements? Friends who have worked hard in the workplace for many years, have you ever experienced the "despair" situation that the old company refused to issue a resignation certificate after leaving the company, which led to the inability to continue social security and delayed entering the new company? It is common in the workplace that the original unit intentionally or unintentionally "blocks" the resigned personnel from going through the resignation procedures. In view of the above situation, let's take a look at how the parties in the following cases deal with it.
? Summary of case
? 20xx In August, Fan Siyan joined Zhisheng Company as the technical director, and both parties signed a three-year labor contract. On August 13, 20xx, Meilan Company issued an employment notice to Fan Siyan, inviting Fan Siyan to report to the company on September 20, 20xx, and the salary agreed by both parties was 90,000 yuan/month before tax.
? On August 15, 20xx, Fan Siyan submitted an Application Form for Resignation to Zhisheng Company, claiming that she applied for resignation for personal reasons. The Human Resources Department of Zhisheng Company approved Fan Siyan's resignation application on August 7, 2007, and signed the resignation application form. However, Zhisheng Company has never gone through the resignation formalities for Fan Siyan, nor has it issued a resignation certificate.
? Because Zhisheng Company has never issued Fan Siyan with a resignation certificate, it has been unable to join Meilan Company smoothly. Therefore, Fan Siyan applied to the Labor Arbitration Committee for arbitration in April 20xx, demanding that Zhisheng Company issue a certificate of dissolution of the labor contract and cooperate with other relevant procedures, and compensate her for economic losses of 600,000 yuan.
? After hearing the case, the Labor Arbitration Commission ruled that Fan Siyan's arbitration request was rejected, and Fan Siyan filed a lawsuit in court.
? Judgement result
? 1. On the issue of issuing the certificate of dissolution of labor relations and handling the transfer procedures of the relationship between archives and social insurance.
? The court held that the labor relationship between Fan Siyan and Zhisheng Company was dissolved in accordance with the law on August 3, 20xx1,and Zhisheng Company should fulfill the post-contract obligations of the employer as stipulated by law.
? Paragraph 1 of Article 50 of the Labor Contract Law of People's Republic of China (PRC) stipulates that when an employer cancels or terminates a labor contract, it shall issue a certificate of cancellation or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days, and the employee shall handle the work handover as agreed by both parties.
? In this case, Fan Siyan notified the employer to terminate the labor contract 30 days in advance according to the law, which was in line with the labor contract agreement and legal provisions of both parties. She has not provided labor for Zhisheng Company since September 20xx, and Zhisheng Company has not paid her labor remuneration.
? To sum up, Zhisheng Company shall issue a certificate of dissolution of the labor contract to Fan Siyan according to law, and handle the transfer procedures of the relationship between files and social insurance for Fan Siyan.
? 2. On the issue of economic losses
? According to the provisions of Article 89 of the Labor Contract Law of People's Republic of China (PRC), if the employer violates the provisions of this law and fails to issue a written certificate to the employee to dissolve or terminate the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
? The court held that, because Zhisheng Company failed to issue Fan Siyan a certificate of dissolution of the labor contract, it was unable to work in other companies, which caused objective economic losses to Fan Siyan and should be liable for compensation. The Employment Notice issued by Meilan Company to Fan Siyan stated the essential elements of the labor contract, such as post, contract term, salary, etc. Fan Siyan asked to calculate the loss according to the standard of 90,000 yuan/month.
? Therefore, we confirm that Zhisheng Company compensated Fan Siyan for her salary loss of 540,000 yuan (90,000 yuan/month × June).
? Lawyer's review
? Lawyer Li Zhen of Guangdong Guo Hui Law Firm: It is the legal obligation of the employer to issue the resignation certificate. The employer can't refuse to issue the resignation certificate on the grounds that the employee didn't give notice of resignation 30 days in advance, didn't handle the resignation handover, and caused losses to the unit during the employee's employment. Otherwise, the laborer can claim the losses suffered because he can't work in the new unit or because he can't receive unemployment insurance benefits.
? Therefore, the post-contract obligations of dissolving or terminating the labor contract should also be performed in accordance with legal procedures, otherwise it may bring unnecessary economic losses. If you encounter similar troubles, I suggest you consult a professional lawyer in time to safeguard your legitimate rights and interests as soon as possible.
What's the use of the certificate of separation? Does the employer have any requirements? 1. What's the stamp of the resignation certificate?
? The resignation certificate must be stamped with the company seal, that is, the company seal applied for in the industrial and commercial bureau, with the business license number on it. Of course, if the company operates well, it can be stamped with the company contract seal, but this company contract seal must also be filed with the industrial and commercial bureau, otherwise it will have no legal effect.
? Second, the relevant provisions of the resignation certificate
? 1, China's current laws have no complete and clear provisions for the employer to issue a certificate of dissolution or termination of the labor contract. Only the "Regulations on Unemployment Insurance" promulgated by the State Council 1999 stipulates that enterprises and institutions in cities and towns should issue certificates of termination or dissolution of labor relations for unemployed people in time from the perspective of handling unemployment insurance registration and enjoying unemployment insurance benefits. Article 99 of the Labor Law stipulates that if an employer recruits workers whose labor contracts have not been terminated and causes economic losses to the original employer, it shall be jointly and severally liable for compensation according to law. This has also triggered social discussions and voices, arguing that workers should hold a resignation certificate when they re-employment, and the original employer should issue a resignation certificate to the workers. Drawing lessons from international experience, in order to safeguard the order of the labor market and the rights and interests of workers, this law clarifies the legal obligation of the employer to issue a certificate of dissolution or termination of the labor contract.
? 2. Resigned employees can apply to the Human Resources Department for resignation certificate. The resignation certificate issued by the human resources department only proves the employee's entry date, position and reason for leaving. Generally, employees who are dismissed fill in the dismissal certificate, not the resignation certificate.
? 3. Because there is no definite delivery unit for the resignation certificate, it is not necessary to write the name and address of the recipient, only the date when the certificate is issued.
? Third, the role of the resignation certificate:
? 1, proof of working time and experience in the last company, etc.
? 2. Prove that the labor contract relationship with the original unit has been terminated.
? 3. As proof of applying for unemployment insurance and transferring social security.
? 4, as one of the basis of whether to hire.
? The separation certificate is still very important for everyone. You should also pay attention when dealing with it and keep it well. The resignation certificate cannot be copied.