Why do you want to write a resignation certificate?
Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and handle the transfer procedures of the relationship between files and social insurance for the employee within 15 days. Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. ?
Article 24 of the Regulations on the Implementation of the Labor Contract stipulates that the certificate of dissolution or termination of the labor contract issued by the employer shall specify the term of the labor contract, the date of dissolution or termination of the labor contract, the post and the working years in the unit. ?
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. ?
It can be seen from the above two provisions: the legal obligation of the employer who cannot refuse to provide the resignation certificate for any reason; At the same time, the content of the resignation certificate is also legally binding, and you can't scribble at will.
Requirements for issuing separation certificate
1, time certainty
When the labor contract is dissolved or terminated, the resignation certificate shall be provided according to law;
2. The legitimacy of the content
Should I only write a resignation certificate? Four elements? Namely: post, working years, contract period, termination or dissolution period. The reasons for leaving the company, or any evaluative content about employees, are not necessary clauses of the resignation certificate. Because any evaluative content is possible? Those who cause damage to laborers shall be liable for compensation? .
Sample of separation certificate
This is to certify that (Mr./Ms.) has worked as a department in our company. Term of labor contract? Year, since the year? Month? Every day? Month? Day stop. Are you here now? Month? Japan is the same as China (? )lift(？ ) terminate labor relations. His actual work in our company? Year? Month (year? Month? Every day? Month? God).
Remarks:
This certificate is made in triplicate, one for the company, one for the employee and one for the unemployment insurance institution.
Limited company (seal)
Year? Month? sun
Matters needing attention in resignation certificate
First, the function of resignation certificate is only to prove the facts of labor relations within a period of time, and the company has no right to take this opportunity to adversely or negatively affect employees' future employment in content;
Second, the content of the resignation certificate must conform to the principle of not harming the interests of employees. If the contents of the resignation certificate lead to the re-employment of employees or infringe on employees' privacy, the company must bear the illegal responsibility.
Third, in the content of the resignation certificate, in addition to statutory? Four elements? Both sides must agree on what is outside.
Fourth, why should we give an unemployment insurance agency a copy? Because Article 64 of the Regulations on Employment Services and Employment Management stipulates that when registering for unemployment, workers must hold their identity documents and relevant certificates to prove their original identity; If you have employment experience, you must also hold a certificate of termination, dissolution of labor relations or dismissal with the original unit. ?
Fifthly, the resignation certificate must be kept with the evidence signed by the employee to avoid the legal risk that the employee will deny the resignation certificate issued by the employer in the future.
Use of separation certificate
1, which proves that the employer and the employee have dissolved the labor relationship;
2. Prove that the employee has resigned according to normal procedures and there is no labor dispute;
3. Prove that the laborer is a free man and can apply for unemployment benefits or apply for a new position;
4. It can be used to transfer employee personnel relations, social security, provident fund and so on.
Extended reading? Why can't I write anything evaluative on my resignation certificate, including the reasons for my resignation?
1, from the perspective of legislators
Considering the convenience of future employment for resigned employees, employers like to write it on the resignation certificate in order to restrain employees. Dissolve? 、? I made a mistake? 、? Causing huge losses to the company? And other similar malicious acts, so list the contents of the resignation certificate, except? Four elements? Other contents must be approved by the employee himself and cannot be added at will. Otherwise, the resigned employee can refuse to accept it and ask the company to reissue it according to law.
2. From a rational point of view.
Even if the employee has gross negligence, which causes the employer to terminate the labor contract and compensate for the losses, and the employee has been punished accordingly, then when the company issues the resignation certificate, it can no longer reveal the reasons for leaving the company on the resignation certificate, so that the employee can be punished twice for one mistake. Such behavior deviates from the principle of giving priority to education and supplementing punishment. On the other hand, you can't do this: sprinkle salt on other people's wounds.
3. From the perspective of jurisprudence.
Article 24 of the Regulations on the Implementation of Labor Contract shows that the resignation certificate is limited and definite in content, and the employer can only issue the resignation certificate in the prescribed format. If either party needs to add other contents, it shall not only meet the wishes of the requesting party, but also obtain the consent of the other party.