From a company's onboarding management perspective, if the authenticity of the applicant's interview and resume information is more important, a background check will be initiated before the new employee is hired. If the information in the exit certificate is consistent with the background check, there is no need to repeat the authenticity verification. On the other hand, according to Article 39(4) of the Labor Contract Law, if a new employee has not terminated the labor contract with another employer and is working at the new employer, the company can directly terminate the labor contract without paying severance pay if any of the following conditions are found:The new employer prohibits the employee from working on more than two jobs at the same time, which reduces the chances of revealing company secrets or other special needs. The new employer is concerned that the employee has unfinished business in the labor relationship with the former employer. If the new unit has not yet terminated the employee's labor cloud dynamic with the former employer, the new employer is responsible.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, Article 11 of the employer unit to recruit workers who have not yet terminated the labor contract, the new employer unit can act as a third party in the labor disputes between the original employer unit and the workers. If the original employer sues the people's court on the grounds of infringement by the new employer, it may include the worker as a third party. If the former employer sues the people's court on the grounds of infringement by the new employer and the laborer, the new employer and the laborer shall be listed as the same defendant.
Social security for difficulties, leave must be issued a certificate of separation, no certificate of separation, indicating that the employee is still an employee of the unit, the social security center will not accept any request to leave the employee, whether it is the active separation, or passive separation, issued a certificate of separation of all the units need to be at least a notice of termination of the labor contract (labor relations).
Proof that the employer has dissolved or terminated the labor relationship with the worker; proof that the employee's resignation has been handled in accordance with normal procedures and that there are no disputes with the original unit; the employee can apply for unemployment benefits or apply for a new position if he/she proves that he/she is already a free man; the personnel relations, social security, and provident fund of the departing employee will be transferred by virtue of this proof; it is possible to prove that the departing employee has a Relevant work experience, in favor of applying for relevant positions.