Is a resignation certificate necessary? of course not! You must know these 4 uses
Xiao Song found a more suitable unit, so he submitted a resignation report to the original unit. Because the original unit could not find a suitable person to take over the job, it has been reluctant to let Xiao Song go. After 30 days of resignation, Xiao Song insisted on going through the resignation procedures, but the unit did not issue a resignation certificate for him.
Is a resignation certificate necessary? of course not! You must know these 4 uses
So Xiao Song came to ask me: Is this certificate of resignation important? Let me explain it to you today.
On the surface, the resignation certificate seems to be optional, some units do not take the initiative to issue it, and some units do not ask for it. But in fact, the resignation certificate is a very important one.
- What is the function of the resignation certificate?
The resignation certificate is a certificate used to prove that you have terminated the labor relationship with your previous unit. It mainly has the following four functions.
(1) Hand in when entering a new unit
When you join a new company, in order to avoid legal risks, employees are generally required to submit a resignation certificate. One is to prove the authenticity of the resume, and the other is to prove that the labor relationship with the former employer has been terminated.
(2) Used to transfer social security provident fund
When you resign from the previous company, the unit will stop your social security fund and remove it from the list of the original unit. When the new company adds to the list, it needs to be reconfirmed.
Is a resignation certificate necessary? of course not! You must know these 4 uses
(3) To receive unemployment insurance
If you resign passively and have not found a new job for the time being, you can register with the Ministry of Human Resources and Social Security. In addition to paying flexible employment insurance, you can also receive unemployment benefits for up to 24 months.
(4) For labor arbitration
If you resign passively due to company reasons, the company does not have social security, provident fund, or demotion or salary reduction, etc., you can carry out labor arbitration with the labor contract and resignation certificate. As long as the evidence is sufficient, the labor department will support the employee's appeal.
- What should I pay attention to when issuing a resignation certificate?
(1) The resignation certificate must be stamped
The resignation certificate must be authentic and cannot be forged. When resigning, you must carefully check whether the contents are filled in accurately and whether it has been stamped with the fresh stamp of the unit.
Is a resignation certificate necessary? of course not! You must know these 4 uses
(2) Whether the resignation certificate is true
Some companies do not want to pay compensation when they dismiss their employees, but the employees still strongly demand compensation. Some companies with a relatively small structure, when they leave their jobs, will give you a "slap in the face" and will indicate "dismissed" on the resignation certificate in order to give you create obstacles to your next job.
At this time, you must look carefully. If you need to apply for labor arbitration, it does not matter if the company writes this, it can be used as evidence for rights protection. If you don’t want to defend your rights and want to continue to work in the next unit, then you have to come up with factual evidence to bargain with the company, such as not paying social security in full, not paying provident funds for urban workers, etc. In exchange, try not to leave your job The words "dismissed" are left on the certificate, which can easily create a bad first impression.
(3) It is illegal for an enterprise to refuse to issue a resignation certificate
If an employee has completed various resignation procedures, the company must issue a resignation certificate to the employee. If the unit refuses to issue a resignation certificate, it actually violates the "Labor Law".
Is a resignation certificate necessary? of course not! You must know these 4 uses
- What is the use of the resignation certificate for the new unit?
(1) Confirm the authenticity of the work resume
The resignation certificate proves from the side that the employee has a labor relationship with the previous company, and it is also a corroboration of personal resume and experience, which allows the employer to strengthen its understanding and trust in you.
(2) Avoid legal risks in labor
Some employees came to work in a new unit without canceling the contract with the previous company. The purpose of this is generally to compare the pros and cons of the two units. If this unit is not as good as the original unit, it is very likely that you will not come after two days of work, and then return to the original unit to work without delay.
Although employees feel that this is a good deal, it poses a great risk to the employer, and it is easy to cause labor disputes between the two employers.
In fact, employees also have to take certain risks in doing so, because many jobs have signed confidentiality agreements with employees, or agreements that they are not allowed to work part-time outside. Once discovered by the company, the individual will be liable for breach of contract.