Question 2: What is the certificate of separation? What stamps should I put on? Resignation certificate _ _ _ _ _ _ _ _ Mr./Ms./Ms. worked in our company for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Company name (official seal) and confirmation of dissolution/termination of labor relations Party A: (company name) Party B: ID number: Party B was originally a _ _ _ _ _ _ _ _ _ (department) of Party A, and the labor contract was dissolved on July 3, 20081day through negotiation between both parties. Party A and Party B confirm the termination of the labor relationship. The two sides have reached an agreement on economic compensation and all problems during the existence of labor relations, and solved them once and for all. At the same time, Party A has completed the resignation procedures of Party B. This is to certify that. Party A (signature): Party B's signature: Party A's representative's signature:
Question 3: Does the employee's resignation certificate have to be stamped with the official seal? The resignation certificate issued by the company must be stamped with the company seal. Otherwise, the separation certificate has no legal effect. Therefore, workers cannot go to the labor bureau to apply for unemployment certificates, nor can they go to the social security bureau to handle social security transfer procedures.
Legal basis: Labor Contract Law
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and handle the transfer procedures of the file and social insurance relationship for the fixed party within 15 days.
Question 4: What stamp should be affixed to the certificate of resignation? The resignation certificate shall be stamped with the seal of the human resources department or the personnel department. The requirements of the new company are somewhat unreasonable. Some companies are very big, so it is very troublesome and difficult to apply for and make an appointment with the official seal.
Question 5: Is the resignation certificate stamped with the personnel stamp? The official seal of the company is required to transfer files in the talent center. The personnel seal is not recognized by the other party.
Question 6: What are the requirements for the personnel seal on the resignation certificate? There are no requirements. If the company is big, there is a special personnel seal, otherwise it will be stamped with the official seal of the company!
Question 7: Which department issues the resignation certificate, and whether it is stamped with the official seal or the personnel seal or other resignation certificates are usually the official seal or the seal of the human resources department. Both of them will do.
Question 8: Which department issued the resignation certificate, stamped with the official seal, personnel stamp or other personnel departments of the unit, and should go through the resignation procedures.
Resignation generally requires an application in advance. Unless the unit agrees through consultation, or the unit commits illegal acts, even if the labor contract is not signed, the parties concerned should go through the resignation procedures in accordance with relevant procedures to safeguard their legitimate rights and interests. In general, the process of employee resignation and resignation is as follows:
1. In principle, employees should submit a written resignation report to the personnel department of the unit thirty days in advance (three days in advance of the probation period) and receive the resignation form. The personnel department conducts exit interviews for employees who leave their jobs, understands the reasons for leaving their jobs, and makes records.
2. Handle relevant formalities according to the resignation form;
(1). The resigned employee shall submit the Resignation Application Form to the department head for signature. If it belongs to the position of department head or above, it may need the approval and signature of senior leaders.
(2) The employee's work permit, employee handbook, work clothes and office supplies shall be recovered from the employee by the assistant of the department to which the employee belongs, and signed by the assistant after confirmation.
(3) The Finance Department shall check whether there is any financial default (including loan and business trip reimbursement) for the resigned employees and the company. If there is any default, it shall be repaid on the spot. If there is no default, it shall be signed by the Finance Department for confirmation.
(4) After the employee completes all required signatures on the resignation form, the personnel administration department will issue a certificate to the employee to dissolve or terminate the labor contract.
(5), the Ministry of personnel to arrange personnel to the unemployment insurance agencies for termination and dissolution of labor relations for the record; With the audit opinion for the record, terminate the employee's social insurance relationship with the social insurance agency; At the same time, seal the provident fund of the resigned employees. If the resigned employee needs to transfer the provident fund, the personnel administration department will transfer it according to the new account provided by him, and if it is necessary to withdraw it, the employee will handle it himself.
(6) The Ministry of Personnel shall, within fifteen days from the date of termination of labor relations, go to the unemployment insurance agency to handle the unemployment insurance benefits audit procedures.
(7), the personnel department will file the files of the resigned employees again, and settle the salary at the same time.
According to the Labor Contract Law of People's Republic of China (PRC)
Article 36 The employing unit and the employee may terminate the labor contract through consultation.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.
Question 9: The resignation certificate is stamped with the special seal of the labor contract, but the new company requires the official seal or the seal of the human resources department. Is this correct? Urgent! The resignation certificate is stamped with the special seal for the labor contract, but it is also prudent for the new unit to require the official seal or the seal of the human resources department. Because the special seal for contract is used by the unit when signing the contract, it can represent the unit within the scope of signing, and the unit should bear the rights and obligations arising therefrom.
The official seal is the most effective of all seals and a symbol of legal person's rights. In the current legislative and judicial practice, it is an important criterion to judge whether a civil activity is established and effective. Unless there are special provisions in the law (such as stamping invoices), the official seal can represent the will of legal persons and sign contracts and other legal documents with high legal effect. All letters, official documents, contracts, letters of introduction, certificates or other company materials issued in the name of the company can use the official seal.
Letter of introduction and contract with official seal are legal documents to express the company's intention. In legal practice, the actor who holds the above legal documents will generally be regarded as the agent of the company (that is, the authorized representative). The legal consequences of the civil legal acts carried out by the agent in the name of the company within the scope of agency authority shall be borne by the company.
The company seal is used for limited purposes, such as tax declaration. Write checks, etc. Legally speaking, stamping is the behavior of a legal person, not a natural person; A document signed by a representative in his own name and stamped with the seal of a legal person can be regarded as an official act, not a personal act of the signatory. If the seal owner gives the seal to others for use based on his own will, which has the legal effect of giving others the power of attorney, the seal owner must bear the responsibility of expressing will.
The function of the special financial seal is to handle unit accounting and bank settlement.
Special seal for invoices, used by the company when issuing invoices.
Special seal for contract, which is used by the unit when signing the contract, can represent the unit within the scope of signing and bear the rights and obligations arising therefrom; The official seal can replace the special seal for the contract.
As for the effectiveness of the contract seal and the official seal, they are actually the same in the use process and judicial practice, and have the same legal effect as contracts and agreements. Article 32 of the Contract Law stipulates that,
If the parties conclude a contract in the form of a contract, the contract shall be established when both parties sign or seal it. There is no clear boundary between the seal and the official seal of a contract. However, this does not mean that signing the contract with the special seal of the contract takes effect, and signing the contract with the official seal does not take effect. In fact, the company's special seal for contracts and the company's official seal have legal effect when signing contracts on behalf of the company. This can be proved by the provisions of Article 4 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Economic Disputes Cases Suspected of Economic Crimes (adopted at the 974th meeting of the the Supreme People's Court Judicial Committee on April 9 1998). "
If an individual borrows a business letter of introduction, a special seal for a contract or a blank contract stamped with an official seal from a unit, signs an economic contract in the name of the lending unit, defrauds the property for personal possession, use, disposal or other criminal activities, thus causing economic losses to the other party, which constitutes a crime, in addition to investigating the criminal responsibility of the borrower according to law, the unit that lends the business letter of introduction, a special seal for a contract or a blank contract stamped with an official seal shall be liable for compensation according to law. However, there is evidence that the victim signed a contract with the other party knowing that it was a loan. Therefore, the special seal and official seal of a legal person contract are valid when the contract is signed, and the official seal does not affect the validity of the contract.
At the same time, if circumstantial evidence can be provided to prove that the unit signed the contract voluntarily, even if unqualified seals such as special financial seals are used, legal acts such as contracts can be established. In addition, personal signature, such as the signature of the legal representative, can also represent the will of the unit to a certain extent.
Other business seals carved by the enterprise itself, such as special seals for materials in and out of the warehouse, official seals of enterprises owned by functional departments at all levels and grass-roots units, etc. , mainly used inside the enterprise, but generally can't be used outside the enterprise. The seal of these internal chapters only confirms this fact. If the special seal for archives is affixed to the contract, it will not have the legal effect of signing the contract.
Electronic Signature Seal: With the progress of society and the development of Internet, the Law of People's Republic of China (PRC) on Electronic Signature was promulgated immediately, in which Article 3 stipulates: "In civil activities, the parties may agree to use or not use electronic signatures and data messages. Where the parties agree to use an electronic signature or data message, they shall not use it because of the form of the electronic signature or data message. & gt
Question 10: What seal is legal for the resignation certificate? It is legal to issue a resignation certificate with company seal and contract seal.