What if I can't get the resignation certificate?

The handling methods for failing to get the resignation certificate after leaving the company are as follows:

1. Apply to the human resources department of the company, explaining the reason and purpose of the resignation certificate;

2. If the company does not provide the resignation certificate, it can complain to the local labor inspection department and ask for mediation;

3. If mediation fails, arbitration can be brought to the labor arbitration department to safeguard the rights and interests;

4. In this process, keep the evidence of communication with the company, such as emails, text messages, etc.

The role of resignation certificate:

1. Proof of dissolution of labor relations: the resignation certificate can be used as the legal proof of dissolution of labor relations between employees and the company;

2. Handling social security and provident fund transfer: After the employee leaves the company, the resignation certificate is a necessary document for handling social security and provident fund transfer in the new unit;

3. Used for background investigation in the process of job hunting: the new employer may ask for a resignation certificate to verify the applicant's work experience and reasons for leaving;

4. Apply for unemployment insurance: if qualified, the resignation certificate will be used as an important basis for applying for unemployment insurance;

5. Resolving labor disputes: In case of labor disputes, the resignation certificate is an important document to prove the employee's resignation.

To sum up, if an employee cannot obtain the resignation certificate after leaving the company, he should first apply to the human resources department of the company and explain the reasons. If the company refuses, they can complain to the labor inspection department and ask for mediation. If mediation fails, the rights can be protected through labor arbitration, and the evidence communicated with the company should be properly preserved throughout the process.

Legal basis:

People's Republic of China (PRC) 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. 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

In violation of the provisions of this law, if the employer 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.