The format and style of employee resignation certificate 1 are basically as follows:
This is to certify that (Mr./Ms.) has worked as a department in our company. The term of the labor contract is years, increasing year by year. Now both parties * * * dissolve (√) and terminate the labor relationship at the same time. The actual working year of the company (MM DD YY to MM DD YY).
Remarks:
This certificate is made in triplicate, one for the company, one for the employee and one for the unemployment insurance institution.
Limited company (seal)
Date, year and month
Description:
1. Why should I give a copy to the unemployment insurance agency? Because Article 64 of the Regulations on Employment Services and Employment Management stipulates: "When registering for unemployment, workers must hold their identity documents and relevant certificates to prove their original identity; If you have employment experience, you must also hold a certificate of termination, dissolution of labor relations or dismissal with the original unit. "
2. The resignation certificate must be kept with the evidence signed by the employee to avoid the legal risk that the employee will deny the resignation certificate issued by the employer in the future.
Legal Risks of Employees' Voluntary Resignation
The legal risk of employees' voluntary resignation refers to that employees unilaterally propose to terminate the labor contract, and employees and enterprises voluntarily propose to terminate the labor contract through consultation. Comparatively speaking, this way of terminating the labor contract has the least risk to the enterprise. Generally, as long as the relevant evidence is preserved, there will be no dispute over the effectiveness of resignation and economic compensation. Here are some tips and suggestions:
1. Enterprises should distinguish between the unilateral termination of the contract by employees and the termination of the contract by both parties through consultation, and keep relevant evidence, otherwise, relevant risks and disputes will arise.
(1) When dealing with employee's resignation, it is especially necessary to have evidence consciousness, and confirm and save the expression of intention and related facts that may have a substantial impact on the legal nature in writing, so as to prevent and standardize related legal risks.
(2) When resigning, if the employee voluntarily proposes to terminate the labor relationship, the legal risk of the enterprise is generally small, and there is no need to notify in advance or pay economic compensation. At this time, enterprises should pay attention to retaining the evidence of employees' resignation. If an employee is dismissed, he should be required to submit a written resignation report, which should clearly indicate that the reason for resignation is that the employee is based on unilateral wishes.
(3) For the termination of labor relations proposed by employees, the reasons for resignation shall be examined. The reasons for employees' resignation are mostly personal reasons. Therefore, there should be no content in the resignation report that the enterprise violates the law or forces it to resign. If there is such content in the resignation report, the enterprise should ask the employees to correct it, otherwise the resignation will be turned into dismissal, and the enterprise needs to pay economic compensation.
(4) Resignation should be stated in the agreement on dissolution through consultation, that is, the nature of dissolution of the labor contract should be stated as dissolution through consultation, and the motion for dissolution should be put forward by the employee.
2. The procedural risk of employee turnover. In the process of resignation, if the enterprise or employee fails to perform the procedures prescribed by law, then this kind of resignation behavior is likely to be questioned by the legal effect, and may also face administrative punishment from the labor inspection department.
The author suggests:
(1) Enterprises should refine the management of work handover. For example, they can stipulate and refine the work handover in the labor contract, or link the payment of economic compensation with the handling of work handover, and standardize the work handover by refining the specific procedures of resignation.
(2) Issue the resignation certificate in time. The Labor Contract Law requires enterprises to issue relevant certificates for workers to dissolve or terminate labor contracts. In the daily management, enterprises need to make a retained model format, issue a certificate of dissolution or termination of the labor contract and a resignation certificate in time when employees leave their jobs, and fulfill the collateral obligations and due responsibilities stipulated by law.
(3) Handle the transfer formalities of the relationship between archives and social insurance in time. The Labor Contract Law clearly stipulates that the employer has the obligation to handle the file transfer procedures, and the employer shall handle the file transfer procedures for the workers within 15 days from the date of dissolution or termination of the labor contract.
(4) Keep the text appropriately. The Labor Contract Law stipulates the obligation of enterprises to keep the text of labor contracts. Even if the employer and the employee dissolve or terminate the labor contract, the employer shall still keep the text of the employee's labor contract for more than two years for future reference. In addition, from the aspects of dispute evidence retention and burden of proof, enterprises should pay special attention to the daily preservation and archiving of important documents and materials, and improve the process management of necessary written materials.
Employee's resignation certificate 2 Name: _ _ _ _ _ _, male, ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
After careful consideration by the company, he was allowed to leave the company and has gone through the handover procedures. _ _ _ _ abides by the freedom to choose a job because it has not signed the relevant confidentiality agreement.
This is to certify that.
_ _ _ _ Department Manager (signature) _ _ _ _ _ _ _
_ _ _ _ _ _ company seal
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Resignation Certificate 3 This is to certify that Mr. Li Hao's ID number is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Hereby certify!
_ _ _ _ _ _ _ Limited liability company (official seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Employee Resignation Certificate: Mr. 4 xx joined our company as a HR assistant on xx 2nd, and applied for resignation for personal reasons on xx 3rd, with no bad performance during the period. After research and decision, the company agreed to resign and has gone through the resignation procedures.
Because I did not sign the relevant confidentiality agreement, I complied with the freedom of choosing a job.
Hereby certify that
Company name (official seal)
Date: 20xx year1October 9th.
Employee separation certificate 5 separation certificate
This is to certify that Mr./Ms. XXXXXX was originally a programmer in the technical department of our company, and his working hours were from XX to XX. All resignation procedures have been completed. Hereby certify!
Company name (official seal)
XXXX，XXXX，XX，XX
Employee resignation certificate 6 Party A: xxxxxx (company name)
Party B: xxxxxxx ID number: xxx
Party B was originally Party A's xxxxx (department) xxxxx (post), and the Labor Contract was dissolved on XXXXX (month XXXXX) 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. Meanwhile, Party A has completed Party B's resignation procedures. ..
Hereby certify!
Party A (signature): Party B's signature:
Signature of Party A's representative:
Xxxx year xxxx month xxxx day xxxx year xxxx month xxxx day
Employee resignation certificate 7 Party A: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX (company name)
Party b: xxx
Id number: xxxxxxxxxxxx
Party B was originally the post of xx (department) of Party A, and both parties negotiated to terminate the labor contract on xx, XX. 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. Meanwhile, Party A has completed Party B's resignation procedures. ..
This is to certify that.
Party A (signature): XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Signature of Party B: xxx
Signature of Party A: xx
20xx year x month x day
Resignation Certificate 8 This is to certify that Mr./Ms. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. All resignation procedures have been completed.
Hereby certify!
Company name (official seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Employee resignation certificate 9. Is there any risk in the company meeting? YJBYS, let me answer for you, hoping to help you!
Is it risky for the company to hold employee resignation certificate?
In principle, it is mainly to issue a resignation certificate, otherwise each employee will ask for more or more copies, which will greatly increase the workload of HR.
Is it risky for an enterprise not to issue a resignation certificate to its employees?
Case 20xx: On May 3 1 day, Xiao Wang and Company A terminated the labor relationship ... On the day of resignation, the company did not issue a resignation certificate to Xiao Wang, because the company thought that Xiao Wang had deleted some information from the computer and the handover was incomplete. According to internal regulations, the company has the right not to issue a resignation certificate. 20xx 1 1 At the beginning of the year, the company received the responding materials of Xiao Wang's application for labor arbitration. Xiao Wang claimed that because the company failed to issue a resignation certificate according to law, I could not be re-employed and get new remuneration, so I asked the company to issue a resignation certificate and compensate him for the losses from the date of resignation to the date when the company issued the resignation certificate. 20xx At the beginning of March, the labor arbitration institution ruled that the company lost the case.
Analysis-In reality, the reasons why enterprises don't issue resignation certificates are as follows: 1, the workers refuse to hand over the work or the handover is incomplete; 2. It is difficult for the enterprise to deliver the resignation certificate because the workers are absent from work without reason and leave without saying goodbye; 3. The enterprise doesn't know that it is a legal obligation to issue the resignation certificate. It seems reasonable that enterprises should not or cannot issue resignation certificates based on workers' refusal to hand over their jobs, incomplete handover or leaving without saying goodbye! However, according to the legal documents, there are no conditions attached to the resignation certificate issued by the employer.
The Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract; 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 ... and causes damage to the laborer, it shall be liable for compensation. The Notice on Several Issues Concerning the Implementation of the Labor Contract System stipulates that: if a laborer terminates or rescinds the labor contract by fulfilling relevant obligations, the employer shall issue a certificate of termination or rescission of the labor contract as a certificate for the laborer to enjoy unemployment insurance benefits, unemployment registration and job registration according to regulations; When employing workers, the employing unit shall, before signing a labor contract with the workers, examine the certificate of termination and dissolution of the labor contract and other certificates that can prove that there is no labor relationship between the workers and the employing unit.
Therefore, from a legal point of view, the failure of the original unit to issue a resignation certificate will inevitably lead to the inability of workers to join the new unit, and thus unable to obtain labor remuneration, so the original unit needs to compensate the workers for related losses.
In judicial practice, the strategic suggestions for enterprises to avoid or reduce legal risks are as follows:
1. Under normal circumstances, take the initiative to issue resignation certificates to workers.
2. It is clear in the work handover system that the issuance of resignation certificate is the last link in the resignation process; However, it is absolutely forbidden to write clearly illegal clauses such as "no handover and no issuance of certificates" (note that the resignation certificate is unconditionally issued when operating; This clause only has a psychological binding effect on workers).
3. If the employee maliciously refuses to hand over (proof is required) but strongly requests to issue a resignation certificate, the enterprise can issue a resignation certificate to him, and objectively indicate in the resignation certificate that "the employee has not been handed over to the company". It is believed that workers cannot join the new unit after obtaining this certificate, because the new unit will not recruit workers who have not completed the handover.
4. In the work handover system, the enterprise can also stipulate or stipulate in the contract that "workers can get the resignation certificate from the Human Resources Department at any time when they leave their jobs". This clause is not conducive to workers who leave without saying goodbye. If a worker claims that the enterprise has not issued a resignation certificate, he must first prove that he has been to the Human Resources Department to ask for a certificate. Workers who left without saying goodbye could not prove this fact.
Employee resignation certificate 10 party a: (company name)
Party B: ID number:
Party B was originally in the position of _ _ _ _ department of Party A, and both parties dissolved the labor contract through negotiation on. Party A and Party B confirm the termination of the labor relationship.
Both parties have reached an agreement on economic compensation and all issues during the existence of labor relations, and settled them once and for all. Meanwhile, Party A has completed Party B's resignation procedures. ..
This is to certify that.
Party A (signature and seal):
Signature of Party B:
Employee's resignation certificate 1 1 Mr./Ms./Ms. (ID number:) joined our company as a human resources assistant in the human resources department on.
Because I did not sign the relevant confidentiality agreement, I complied with the freedom of choosing a job.
This is to certify that.
Company name (official seal)
Date: xx, xx, xx, XX
Employee's resignation certificate 12 xxx, x (gender), ID number XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX She applied for resignation on XX, XX, and was allowed to leave on XX, XX. The two sides agreed: after leaving the job, do a good job of handover; For the problems left over from previous work, xxx (name) must come to our company from time to time to help our unit solve related problems in time.
According to the relevant confidentiality agreement, xxx (name) shall not work in a company that is "competitive with our company"; Do not disclose the important customer information and related technologies of our company, and do not engage in related industries within one year.
Hereby certify!
Company (official seal) xxxxx
20xx year x month x day
Employee's resignation certificate13 _ _ _ _ _ _ _, male, ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
After careful consideration by the company, he was allowed to leave the company and has gone through the handover procedures.
Because I did not sign the relevant confidentiality agreement, I complied with the freedom of choosing a job.
This is to certify that.
_ _ _ _ _ Department Manager (signature)
_ _ _ _ company seal
Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Employee's resignation certificate14 _ _ _ _ _ _ _, ID number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
This is to certify that.
_ _ _ _ _ _ _ Limited liability company (official seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Employee Resignation Certificate 15 Party A: (company name)
Party B: ID number:
On March 6th, 20xx, both parties reached an agreement to terminate the labor contract. Party A and Party B confirm the dissolution/termination of the labor relationship.
The two sides have now reached an agreement on relevant issues and completed the resignation procedures. This is to certify that.
Party A (signature): Signature of Party A's representative:
Signature of Party B:
date month year