Legal analysis
Resignation certificate refers to the certificate issued by the original enterprise about the working period, employment position, resignation and other information when the employee leaves the company. When employees leave their jobs, they can apply to the human resources department of the original unit to issue a resignation certificate, and the original unit shall not refuse it for any reason, which is the legal obligation of the enterprise. Usually, there is a procedure to issue a resignation certificate in the resignation procedure of an enterprise. Enterprises can collect the resignation certificate, which can prevent new employees from still having labor disputes with their original units and being implicated in labor disputes. Therefore, if a worker wants to leave his job, he needs to issue a resignation certificate to the party who signed the labor contract, but the employee actually signed a labor contract with the dispatching company, so he needs to issue a resignation contract to the dispatching company when leaving his job, and the employer and the party concerned have not formed an employment relationship. If the resignation of labor dispatch is submitted to the dispatching company, it shall be notified to the dispatching company in writing 30 days in advance. (In general, if you resign 30 days in advance, but the employer violates the provisions of Article 38 of the Labor Contract Law, you can resign at any time, without waiting for 30 days, or you can ask the employer to immediately terminate the labor contract and pay economic compensation. ). Because I resigned voluntarily, I didn't get any economic compensation and I couldn't enjoy unemployment benefits.
legal ground
People's Republic of China (PRC) 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 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.
Article 89 If the employing unit violates the provisions of this Law and fails to issue a written certificate to the laborer to dissolve or terminate the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.