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Whether it is OK not to give the original resignation certificate

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Whether it is OK not to give the original resignation certificate


        

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  • 2024-06-06 07:00:03

    Generally speaking, when an employee leaves the company, the employer must issue the original resignation certificate with official seal. The resignation certificate is the original issued by the unit to the individual, which is clearly stipulated in the Labor Contract Law. If the company does not give the original, it can be negotiated with the company.

    1、 The resignation certificate is the written certificate of the termination of the labor relationship between the employer and the employee, and is a written material that must be issued after the termination of the labor relationship between the employer and the employee.

    2、 The labor contract shall be terminated under any of the following circumstances:

    (1) The labor contract expires;

    (2) Workers begin to enjoy basic old-age insurance benefits according to law;

    (3) The worker dies, or is declared dead or missing by the people's court;

    (4) The employing unit is declared bankrupt according to law;

    (5) The business license of the employer is revoked, the employer is ordered to close down, or the employer decides to dissolve in advance;

    (6) Other circumstances stipulated by laws and administrative regulations.

    [Legal Basis]

    According to Article 50 of the Labor Contract Law of the People's Republic of China, the employer shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination of the labor contract, and shall go through the procedures for the transfer of files and social insurance relations for the worker within 15 days.

    The laborer shall handle the handover of work as agreed by both parties. If the employer should pay economic compensation to the worker in accordance with the relevant provisions of this Law, it shall pay it when the handover of work is completed.

    The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

    I***

    2024-06-06 07:00:03

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