If the company refuses to issue a certificate of dissolution of labor relations for you, you can appeal to the labor arbitration department and ask them to issue it.
Question 2: What if the former company doesn't issue a resignation certificate? You can try these methods. First of all, tell the telephone number of the leader in charge of receiving documents in your current company and ask them to call. If you can't do it, you must always go to the original single foundation to prove it. If you can't do it again, go to the Social Labor and Social Security Bureau for help. Finally, there is no way to do false certificates, which is not recommended here.
Question 3: What if the company doesn't issue a resignation certificate? It is the responsibility of any company to hire employees to sign contracts and take out insurance. If the law clearly stipulates, it will not be extracted from the Internet.
As long as you meet the application procedures for resignation in the Labor Law, the probation period is three days, and the regular employee is one month, and you are allowed to leave, it is reasonable for you to ask for a resignation certificate.
Let's talk about this resignation in detail. Submit your resignation letter three days in advance during the probation period. If the company doesn't handle it for you, you can leave on the third day (remember to copy your resignation letter).
Formal employees submit their resignation letters one month in advance, and the company will help you with the resignation procedures within one month, mainly social security downsizing (you can download it). You have to continue working for 30 days after the first day of your resignation letter, and this month is over. If the company doesn't approve, you can complain to the labor department. This is a more effective way to save a resignation letter.
If you have been allowed to leave, you can leave without proof. You can check whether your social security deals with personal business identity. If it is printed and given to your new unit staff, they will understand it at a glance. You can also negotiate with your current company to issue a resignation certificate, which is very simple and has no loss to the company.
Question 4: What should I do if I can't issue a certificate of separation?
Question 5: What if the company doesn't give me a certificate of resignation because I quit my job voluntarily? (Lawyer Call Center invites Hangzhou lawyer to answer this question for you) Lawyer Liu: Ask the unit to issue a resignation certificate. If negotiation fails, you can complain to the labor department or apply for arbitration. Lawyer Yu: If you want to go through the resignation formalities, you can complain to the labor department. Relevant knowledge-if the employer fails to issue the resignation certificate, it will bear legal risks. Where an employer dismisses a worker, it shall issue a resignation certificate to the worker, which shall specify the term of the labor contract, the date of dissolution or termination of the labor contract, the post, the working years in the unit and other information. The Labor Contract Law stipulates that when the labor contract is dissolved or terminated, the employer shall issue a certificate for the employee to dissolve or terminate the labor contract, which is usually called the resignation certificate. After the implementation of the Labor Contract Law, in order to avoid employment risks, many employers require workers to provide the certificate of dissolution or termination of the labor contract issued by the original employer when they join the company, so that workers can get the opportunity to sign contracts with new units. Therefore, when a laborer leaves his original unit, he should ask the unit to issue a certificate of resignation according to law, and the employer has the obligation to provide a certificate of resignation for the laborer who leaves according to law. Article 89 of the Labor Contract Law stipulates that if an 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. Therefore, if the employer refuses to issue the resignation certificate for reasons that cannot be fixed or agreed, thus causing losses to the employee, the employee has the right to claim compensation. There are three ways to claim compensation: first, through consultation with the employer, ask the employer to compensate for the losses; The other is that workers have the right to complain and coordinate the labor inspection department to ask the employer to compensate for the losses; Third, workers have the right to bring a compensation lawsuit to the local labor dispute committee or the people's court, and demand the employer to compensate for the losses.
Question 6: What if the former company doesn't issue a resignation certificate? Do you know what the official seal of your company looks like now? Go to a sculptor and carve a rubber stamp. You can make a resignation certificate for tens of dollars and stamp it on it. If there is no seal cutting shop nearby, search more. My previous company was also a Fortune 500 company, an American listed company, and the top five in the industry. China Company is a joint venture. Is it informal? If you really doubt it, you can check the background with the old employees first. If not, don't worry.
Question 7: My last company didn't issue me a resignation certificate. What should I do? Don't worry about not signing a labor contract for you. Their personnel are not professional at all. Because if the employer does not sign a labor contract with the employee, you can go to labor arbitration to arbitrate your enterprise. Because it's illegal. If the general labor arbitration is accepted and won, it will generally compensate you twice your salary. Please consult 12333 for details. Even if they don't want to give you a refund, you can go to arbitration with them. I hope everything goes well ~
Question 8: The former company can't issue the certificate of resignation. What should I do now? 40 points
Question 9: What should I do if the company doesn't issue me a certificate of resignation? Talk to the department head
There must be a reason for not opening it, and there is no choice but to negotiate.
This little thing is not worth making a fuss about.
Question 10: What should I do if my former company fails to issue a resignation certificate? Many large companies, especially foreign-funded enterprises, attach great importance to the freedom of candidates because they are very afraid of legal disputes in future employment. Now it is common for people to change jobs once a year or so. Zheng Xiao encountered this kind of situation is endless. First of all, we should distinguish between two situations: 1, and sign a labor contract with the original unit. Article 50 of the Labor Contract Law stipulates: "When an employer dissolves or terminates a labor contract, it shall issue a certificate of dissolution 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 ... The employer shall keep the text of the dissolved or terminated labor contract for at least two years for future reference." Therefore, taking Zheng Xiao as an example, if a labor contract is signed, the unit should assist in issuing the certificate of resignation and go through the formalities of transferring the relationship between archives and social insurance. If the unit refuses to go through the above procedures, Zheng Xiao can complain to the labor department or apply for labor arbitration to safeguard its legitimate rights and interests, and can also ask the unit to compensate for the losses caused thereby. 2. Did not sign a labor contract with the original unit. In many cases, there is no written labor contract between employees and employers. For example, the employer said that the contract would be signed after the probation period expired, but the employee left the original unit before the probation period expired; Or for other reasons, no labor contract was signed. Because there is no labor contract, it is likely that the employer will not issue a "resignation certificate" on the grounds that there is no factual labor employment relationship. At this time, you can explain the facts to the new unit: your work in the original unit belongs to the "probation period" and you have not signed a formal contract, so you cannot issue a resignation certificate. In fact, if you enter a company without signing a labor contract and resign from the company, this experience will not be included in the general length of service, so there is no need to disclose this experience to the applicant in the past tense. Instead, you can introduce yourself to the applicant as a new applicant who is looking for a job for the first time, so as to avoid the passivity of the applicant asking you to issue a resignation certificate. Because you gild the lily, you will add a lot of formalities. In addition, there are some ways to choose according to different situations: 1, public to public: please bring a letter of introduction or official letter to your former unit with your colleagues in the personnel department of your current unit, at least let your colleagues in the personnel department of your current unit know that you have left your job; 2. I need to negotiate with the new company whether to approve the resignation facts and responsibility guarantee for the new company; 3. Use the interpersonal relationship of the original unit to solve it flexibly and properly. Finally, we should remind people like Xiao Zhao who have changed jobs once again that they must learn to protect themselves and have a labor contract in order to effectively protect their legitimate rights and interests. Weifang lawyer, Weifang public interest lawyer, Weifang free lawyer consultation, Weifang legal consultation, Weifang free legal consultation, Weifang law firm, Weifang excellent lawyer website.