Whether it is a certificate of resignation or a certificate of dismissal, it means that there is no legal labor relationship with the original employer, and it does not affect the signing of labor contracts between workers and new employers. Dismissal certificate, the labor contract law stipulates that if the employer fails to issue a written certificate to the employee to dissolve or terminate the labor contract, causing damage to the employee, it shall be liable for compensation. The dismissal certificate is an important proof of unemployment. The certificate of resignation is a written proof that the employer and the employee terminate the labor relationship, and it is a written material that must be issued after the employer and the employee terminate the labor relationship.
The resignation certificate template mainly includes the following elements:
Basic information of the employer; Basic information of employees; Date of establishment of labor relations; Date of termination of labor relations; During the period of labor relations, the laborer holds the post; Reasons for the termination of labor relations; Signature and seal of both parties, etc.
The certificate of resignation refers to the voluntary and unilateral termination of the labor contract; The dismissal certificate refers to the termination of the labor contract through consultation between the employer and the employee. There are differences in labor remuneration between resignation certificate and dismissal certificate.
Legal basis:
Labor Contract Law
Article 50
The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.