I have resigned from my original company, and I don't have a resignation certificate. Can I entrust a friend to do it?
The employee should ask the employer to issue a resignation certificate on the day of resignation. The employer's resignation certificate generally requires the employee's signature and file, and it is not entrusted.
according to article 51 of the labor contract law
, the employer shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of the relationship between files and social insurance for the workers within 15 days.
the laborer shall handle the work handover as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it shall pay it at the time of completion of the work handover.
the employer shall store the words of the labor contract that has been dissolved or terminated for at least two years for future reference. After eight years of leaving the company, can I still apply for a resignation certificate at the company?
No.
I don't think the company will keep a person's employment information for that long, and I can't find your relevant information. If you have someone familiar with that company, I may be able to help you. The new company requires me to hand in my resignation certificate before the 25th, but the resignation certificate of the original company can be given to me on the 31th at the earliest. Can I get a fake resignation certificate first? < p The company only wants to know that you really have nothing to do with the original company and will not bring inconvenience to the later work. Personally, don't cheat. Can I reissue the resignation certificate after leaving the company for more than one year?
Generally, the company will store employee records within two years, and you can go back to the original company to ask, or if you still have the contact information of the original company, you can reissue it if the company agrees.
can you change your job without the certificate of resignation?
The new unit requires the parties to issue the certificate of resignation from the original unit, mainly because it is implemented in accordance with the provisions of China's Labor Contract Law. According to China's Labor Contract Law, if an employer recruits workers who have not dissolved or terminated their labor contracts with other employers, and causes losses to other employers, it shall be jointly liable for compensation.
However, the resignation certificate of the party concerned has been lost, and the original company refused to reissue it. It is suggested that the party concerned take the following remedial measures:
First, continue to negotiate and communicate with the original unit, because according to the provisions of China's Labor Contract Law, the employer should issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, that is to say, it is the obligation of the unit to issue the certificate. However, if the unit has already issued it and the party loses it carelessly, it is the responsibility of the party, and the unit has no obligation to issue it again. Originally, there was no loss for the company to issue it again. The reason why the company refused to issue it again may be that the parties were not very happy with the company in the previous work process, or there was something wrong when they left the company. Therefore, it is suggested that the parties consider whether they have something wrong, remedy it when necessary, and obtain the understanding of the company to solve the problem smoothly.
2. If, after communication and consultation, the original unit still refuses to supplement the certificate, which belongs to the unit's malice or fault, or even violates the law, it can be coordinated or handled by the labor administrative department through the way of appealing to the labor administrative department, or it can be solved by consulting the social security department whether there is a certificate of dissolution of the labor contract for the record.
3. The above problems still can't be solved. You can explain the situation with the current unit, or the parties themselves can make a written announcement, which will be handled by the unit that is ready to accept it now. The announcement can be made according to the following model essay:
I left my job in XXX company on X, X, X, and I have gone through all relevant resignation procedures in accordance with the provisions of the Labor Contract Law. XXX company has issued a certificate of dissolution of the labor contract, but the certificate of dissolution of the labor contract has now been issued.
I am unemployed at present, and I am willing to bear all the consequences if there is anything untrue.
It is hereby declared that
Declarer: XXX
Relevant legal basis: According to the Labor Contract Law of the People's Republic of China
Article 39, the employing unit may terminate the labor contract in any of the following circumstances:
(1) If it is proved that it does not meet the employment conditions during the probation period;
(2) seriously violating the rules and regulations of the employing unit;
(3) serious dereliction of duty and graft, which has caused great damage to the employing unit;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to correct after being put forward by the employer;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) being investigated for criminal responsibility according to law.
Article 51 The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities of transferring the relationship between files and social insurance for the workers within 15 days.
the laborer shall handle the work handover as agreed by both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it shall pay it at the time of completion of the work handover.
the employer shall store the words of the labor contract that has been dissolved or terminated for at least two years for future reference.
article 91 if an employing unit recruits workers whose labor contracts with other employing units have not been dissolved or terminated, thus causing losses to other employing units, it shall be jointly and severally liable for compensation. How can I reissue my resignation certificate?
Who will give you the resignation certificate when you leave? If you leave without saying hello, you don't respect people. How can others give you a certificate of resignation? Can the certificate of resignation issued by the original unit be used as a certificate of unemployment?
The certificate of resignation issued by the original unit cannot be used as a certificate of unemployment, because although you left your original unit, you can still find employment in other places, and the unemployment certificate is usually issued by the labor department. What should I do if I forget to go through the resignation formalities when my resignation expires? Can I go through the resignation formalities on the fourth day?
It doesn't matter. If it doesn't affect the formalities, just indicate the date of termination in the certificate of termination of the contract. I left my job for more than a month, and I haven't applied for a certificate of resignation. Can I go to Suzhou to apply for a certificate of resignation now?
It's hard to say. If I don't do it for you, I can handle it myself. Just print a stamp and stamp it at the printing shop. Can't you return the original certificate of resignation from your former employer?
Yes, just explain the situation to the human resources department on the day you leave your job. Generally, they have it on file. Thank you for your adoption.