I'm going to resign. What if the company doesn't issue a resignation certificate?

Send a written document, email or EMS to the company, or both, and let the company issue you a written resignation certificate with official seal.

General content of written email: Hello, XXX Company, I joined your company on XX, XX, and have been working in XX post. Due to personal reasons, I informed the company of my resignation one month in advance according to the Labor Contract Law, and handled the handover and related resignation procedures according to the company's regulations and requirements.

Now I request the company to issue a written resignation certificate for me in accordance with Article 50 of the Labor Contract Law, which stipulates that "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 employee within 15 days". If it is overdue, I will report it to the labor administrative department according to law. Applicant: XXXX Date: XX, XX, XX. Be sure to keep a record of sending emails or EMS, or send SMS or WeChat to the company HR, with the same content.

If the company still doesn't issue your resignation certificate within 15 days after you send this written email and EMS, then you should report it to the local labor inspection brigade with your real name.

As long as the real name is reported, the local labor inspection brigade will definitely accept it. As long as you accept it, the labor inspection will give you a relevant answer. When reporting a real name, you can provide a copy of the written record you sent to the company as proof.

If the labor inspection brigade doesn't help you solve it, it's their inaction, so I believe it will be solved unless you have defects in handling the resignation procedures. For example, if you don't resign 30 days in advance according to the law (the employee whose probation period has passed), you have violated the law yourself. It makes sense that the company won't issue you a resignation certificate.

Or in another case, you quit your job automatically, that is, you left without saying goodbye, did not go through any resignation procedures or goods handover procedures, and then suddenly went to the company one day and asked the company to issue a resignation certificate for you. If so, you have to handle the handover of work and goods again, and then you can ask the company to issue a resignation certificate.

If you are not in the above two situations, then the company is obliged to handle the resignation certificate according to Article 50 of the Labor Contract Law. If not, the company needs to bear the corresponding legal responsibility.

Article 89 of the Labor Contract Law stipulates that if an employer violates the provisions of this law and fails to issue a written certificate to the employee 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. Interpretation of this article: If you have gone through the resignation formalities in accordance with the law, handled the work handover according to the company's regulations, and got the employment notice of a company, but the other party's employment notice clearly stipulates that you need the resignation certificate, and now your original company does not issue the resignation certificate, which leads to your failure to join the company on time or miss the job opportunity, then you can apply for labor arbitration, and ask the company to compensate you for your economic losses according to the salary on the employment notice, or you can ask the company to issue the resignation certificate for you according to law.