The company has the right not to return the copy, and the resignation certificate of the original unit can be returned. The company can't detain employees' certificates, which is illegal, and the parties can complain to the labor inspection department; Article 9 of the Labor Contract Law: When employing workers, the employing unit shall not detain the workers' resident identity cards and other documents, and shall not require the workers to provide guarantees or collect property from them in other names.
Article 84 of the Labor Contract Law stipulates that if an employee cancels or terminates the contract according to law and the employer detains the employee's files or other articles, the labor administrative department shall order him to return the employee within a time limit and impose a fine of more than 2,000 yuan per person; If it causes damage to workers, it shall be liable for compensation. In order to promote employment, China has enacted the Employment Promotion Law, and at the same time, the Labor Law and the Labor Contract Law also have relevant provisions.
The seizure of workers' certificates or articles will affect their employment and increase the unemployment rate, which is explicitly prohibited by law. The employing unit shall not detain the employee's certificates or articles for any reason, otherwise it shall bear the responsibilities of returning the original articles, compensating for losses, and imposing administrative fines. The copy does not belong to the employee's certificate, but is copied by the company with the permission of the employee, and the law does not stipulate that it must be returned. The company needs to keep copies of its employees on file.
The resignation certificate issued by the original unit only belongs to the individual worker, and the worker can get it back in order to get employment and avoid other losses.