What should I do if the company doesn’t give me a certificate of resignation?
The resignation certificate is an important document for workers when they resign. It is not only related to the transfer of social security, provident fund and other benefits, but may also affect the entry into the next job. However, in reality, many workers will encounter situations where the company refuses to issue a separation certificate. This article will combine the hot topics and hot content on the Internet in the past 10 days to answer this question in detail and provide structured data and solutions.
1. Legal basis for resignation certificate
According to Article 50 of the "Labor Contract Law of the People's Republic of China", the employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days. If the company refuses to issue a resignation certificate, the employee can safeguard his or her rights according to law.
| Legal terms | content |
|---|---|
| Article 50 of the Labor Contract Law | The employer shall issue a certificate when rescinding or terminating the labor contract |
| Article 89 of the Labor Contract Law | If an employer violates the provisions of this Law and fails to issue a certificate, the labor administrative department shall order it to make corrections. |
2. Common reasons why companies do not provide resignation certificates
According to hot discussions in the past 10 days, the reasons why the company refuses to issue a resignation certificate mainly focus on the following aspects:
| Reason | Proportion |
|---|---|
| The worker did not complete the work handover | 35% |
| Internal company process delays | 25% |
| There is a dispute between workers and the company | 20% |
| The company deliberately makes things difficult | 15% |
| other reasons | 5% |
3. Solution to the problem that the company does not provide a certificate of resignation
If the company refuses to issue a separation certificate, the employee can take the following steps:
1.Communicate and negotiate with the company: First try to communicate with the human resources department or direct superior, clearly request a separation certificate, and explain its importance.
2.written reminder: If oral communication is ineffective, you can formally urge the company via email or written letter and retain relevant evidence.
3.Complain to the Labor Inspectorate: According to Article 89 of the Labor Contract Law, workers can complain to the local labor inspection brigade and request the company to issue a resignation certificate.
4.Apply for labor arbitration: If the complaint is fruitless, the employee can apply to the Labor Arbitration Commission for arbitration within one year and require the company to issue a resignation certificate and compensate for losses.
5.File a lawsuit: If you are dissatisfied with the arbitration result, you may file a lawsuit with the People's Court.
| Ways to protect rights | time limit | Things to note |
|---|---|---|
| Labor inspection complaints | No strict time limit | Evidence such as labor contract is required |
| Labor arbitration | Within 1 year | Written application and relevant evidence need to be prepared |
| court proceedings | Within 15 days (if you are not satisfied with the arbitration result) | You need to hire a lawyer or sue yourself |
4. Impact of missing resignation certificate
The lack of separation certificate may have the following effects on employees:
1.Impact on new job onboarding: Many employers require a resignation certificate from the previous company to confirm the job applicant's work experience and reasons for leaving.
2.Difficulties in transferring social security and provident funds: The resignation certificate is an important document for social security and provident fund transfers. If it is missing, it may lead to the interruption of benefits.
3.Impact on unemployment insurance claims: Some areas require proof of separation to apply for unemployment insurance benefits.
5. How to avoid disputes over resignation certificates
In order to avoid disputes over separation certificates, workers can take the following preventive measures:
1.Communicate in advance: Clarify the time and process for issuing a resignation certificate with the company before resigning.
2.Complete work handover: Complete the work handover in accordance with the company's requirements to avoid handover issues affecting the issuance of the resignation certificate.
3.Keep evidence: Save communication records, emails, etc. related to resignation for use in rights protection.
4.Understand the legal requirements: Be familiar with the provisions on resignation certificates in the Labor Contract Law and clarify your rights.
Conclusion
The resignation certificate is the legitimate rights and interests of the employee, and the company has no right to refuse to issue it. If the company encounters difficulties, workers should bravely take up legal weapons to safeguard their rights and interests. By solving the problem through legal channels, not only can you get a resignation certificate, but you may also get corresponding compensation. I hope this article can provide you with valuable reference and help you successfully solve the problem of separation certificate.
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