Don'T Forget To Get A Refund Certificate After Leaving.

Xiao Yan received the mail from the head office in November 15, 2013, and informed him of his work in a hotel in Hangzhou. He asked him to report to Shanghai within three days after receiving the notice, otherwise he would give Xiao Yan to the company according to the company's regulations.

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After repeated consideration, Xiao Yan rejected the notice of pfer to Hangzhou.

In December 9, 2013, Xiao Yan resigned to the head office on the grounds of "personal reasons", and the head office agreed with Xiao Yan's request.

Soon, Xiao Yan found a job opportunity in the catering company.

In February 15, 2014, Xiao Yan received a notice of employment from the catering company, and asked Yan Yusan to bring his degree certificate, resume and certificate of resignation to the personnel office of the catering company.

This made Xiao Yan encounter a problem. Because of his resignation, Xiao Yan and the last unit were almost deadlocked. But for this new job, he made a phone call for the head of the original unit again.

As expected, the head of the original unit did not agree with Xiao Yan's request.

In the afternoon of February 20, 2014, Xiao Yan, who had not been able to get his leave certificate successfully, came to other materials and arrived at the catering company according to the agreed time.

However, due to no proof of departure, the catering company refused to hire Xiao Yan and hired a backup candidate.

In May 2014, Xiaoyan took the original hotel chain to the court and demanded compensation for the loss of more than 11 yuan because of his no proof of leaving.

The author makes a simple analysis of this case.

First, the certificate of resignation is an important material for laborers to apply for jobs.

When a worker applies for a job again, "certificate of resignation" is a certificate that many units need to issue when they employ new employees.

The ninety-ninth provision of the labor law of China stipulates: "if the employer employs the laborer who has not yet terminated the labor contract and causes economic losses to the original employer, the employer shall bear joint and several liability for compensation in accordance with the law."

In order to avoid such disputes and liability for compensation, many units will be very cautious when hiring employees who have no proof of departure.

The proof of resignation is that it can prove that the employee has left the original unit and has terminated or terminated the labor relationship with the original unit.

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The proof ability of the certificate of separation is mainly reflected in the following aspects: first, it proves that the employer and the worker have terminated or terminated the labor relationship; two, it is proved that the resignation of the departing employee is handled according to the normal procedures, and there is no dispute with the original unit; three, it is proved that the staff member has been a freeman, can apply for unemployment benefits or apply for new posts; four, it is possible to pfer the personnel relationship, social security and provident fund of the departing employee based on this proof; five, it is possible to prove that the relevant work experience of the departing employee in the original unit is conducive to the application of the relevant positions.

Two, the issue of "leave proof" is the legal obligation of the employer.

As far as the city is concerned, the forty-first provision of the Shanghai labor contract regulation provides that "the termination or termination of a labor contract shall result in an effective proof of the termination or termination of the labor contract relationship."

Therefore,

The "proof of separation" issued by laborers is not a job that can be done or can not be done, but a legal obligation that a employer must do.

In particular, when the worker terminates the labor relationship ahead of time, the employee should not approve the employer's employment without the employer's approval.

On the contrary, the eighty-ninth article of the labor contract law also stipulates: "the employer fails to provide written proof of termination or termination of labor contract to the laborers in violation of this law, which shall be ordered by the labor administrative department to correct it, and the worker shall be liable for damages if he causes damage to the worker."

Three. It is necessary to issue the "proof of departure" according to the prescribed procedures.

With regard to the procedures for issuing the "certificate of separation" or "withdrawal form", the city has issued the "opinions on Further Strengthening the labor employment record in this Municipality" and "supplementary opinions on further completing the labor and labor registration procedures". It is clear that in this Municipality, the certificate of resignation such as "withdrawal order" should be followed. In principle, the following steps should be followed: 1. After the termination or termination of labor (work) relationship between the employer and the laborer, the employment service organization of the district or county labor security department should be completed within 15 days.

2, the employment service staff in the "Shanghai labor security management information system", do a good job in the registration and maintenance of information maintenance.

3, employing units according to the relevant provisions of the state and municipal archives management, responsible for the pfer of workers' personnel files.

4. When employing a laborer to handle the work procedures for laborers who hold the labor manual, the employment unemployment registration certificate or the employment and entrepreneurship registration certificate, the employer should also record and seal the corresponding date for returning the work in the above materials, and give the above materials and the third party's work permit to the returned worker himself.

Therefore, if a worker does not voluntarily issue "proof of departure" and other materials when the employee is leaving, the employee should take the initiative to ask his HR department. There is no reason for this request unit to refuse, leaving a proof of resignation for the departing employee is the legal obligation of the unit.