Because it is very easy to see through the falsification of the resignation certificate, you only need to call the former company HR to find out whether the employee has resigned or when and the position information. If an employee even forges his/her resignation certificate, then his/her education and work experience are highly likely to be fictitious, and this information HR can be found together when he/she makes a callback.
What is the use of the certificate of resignation to the employer?
1. Confirm to dissolve or terminate the labor relationship with the original company.
The company requires new employees to provide the resignation certificate of their last job, on the one hand, to verify whether their last job is true, and on the other hand, to ensure that there is no labor relationship between employees and their previous company, so as not to bring trouble to the new company.
Because the "Labor Contract Law" stipulates that a person can only sign a labor contract with a household as a unit for a period of time to establish a labor relationship (except part-time).
If the last company suffers losses due to repeated establishment of labor relations, this company is now jointly and severally liable. If you can't get the resignation certificate at this time, you will inevitably be on the passive side of job hunting.
2. The relationship between transferring archives and social security.
When you leave your job, you need to store your personal files in the talent exchange center. At this time, you need to provide proof of resignation before you can send a file transfer letter. For formal document management, you must send your personal documents together with the document handover letter issued by the archiving unit. If there is no separation certificate, it will be very passive to handle it.
In some cities, it is necessary to use the resignation certificate to change the subject of social security payment to the social security bureau or to change the payment to flexible employees.
For employees, what are the risks of fraudulent separation certificates?
1. Even if the employer doesn't find that the resignation certificate is forged when you join the company, when you pay social security, you will find that the deadline of social security doesn't match the date on the resignation certificate, and it is found to be forged.
2. Employers will conduct background checks when recruiting more important positions. At this time, you will find out the truth by calling the original unit.
3. The employer will doubt your character after discovering that the certificate of resignation is false.
Legal consequences of forging resignation certificate
The certificate of resignation refers to the certificate that the employee resigned from the original unit and terminated the labor relationship with the original unit. Under normal circumstances, when recruiting new employees, enterprises will ask them to provide resignation certificates to avoid possible legal risks after employees join the company.
If the resignation certificate provided by a new employee is false, then the employee's behavior belongs to fraud, coercion or taking advantage of others' danger. According to the relevant provisions of the Labor Law, if the other party enters into or changes a labor contract against its true meaning, the employer may request to terminate the labor contract without paying any economic compensation to the employee.
Regarding the certificate of separation, you can also see these answers:
How to treat the resignation certificate written by the company with negative evaluation?
Is it necessary for an enterprise that has been dismissed with a notice of dismissal to issue a resignation certificate?
Should the employee who has not become a regular employee issue a resignation certificate?
Does the company have the right not to provide resignation salary and resignation certificate if the resigned employee has not completed the handover work?
What should a formal certificate of resignation look like?
Can I issue a resignation certificate when I dismiss?