Joke Collection Website - Public benefit messages - Why are job seekers allowed to join the company with a resignation certificate in the offer? Will HR see the authenticity of the certificate?
Why are job seekers allowed to join the company with a resignation certificate in the offer? Will HR see the authenticity of the certificate?
According to the requirements of Article 50 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall immediately show the unemployed the proof of stopping or dissolving the labor contract. According to the requirements of Article 50 of the Labor Contract Law of People's Republic of China (PRC), when the employer terminates or rescinds the labor contract, it shall present the Confirmation of Termination or Rescission of the Labor Contract. Article 89 requires that if the employing unit fails to show the employees a written explanation of stopping or dissolving the labor contract in accordance with the regulations, the labor administrative organ shall order it to make corrections, and if it causes damage, it shall bear compensation for economic development. In other words, if the employer refuses to produce a written resignation certificate and causes property losses to employees, it shall bear the obligation of compensation. Why do new employers need to leave their jobs to avoid students' employment? At the same time, the staff holds more than 2 points of work.
In particular, it is necessary to reduce the probability of trade secret disclosure. The new enterprise is worried that employees and the original enterprise still have unfinished business involving labor relations. If the new enterprise recruits employees who are not related to the original enterprise, the new employer shall be responsible. Moreover, according to Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases, if an employer recruits employees who have not terminated their labor relations, the new employer may be listed as the third party in the labor dispute between the original employer and the employees. If the original employer can bring a lawsuit to the court on the grounds of infringement by the new employer, the employee can be listed as a third person. If the original employer brings a lawsuit to the court on the grounds of joint infringement by the new employer and the employee, the new employer and the employee shall be listed as defendants.
Personal social security cannot be applied for. In the process of resignation, the company must issue a resignation certificate. There is no resignation certificate, which means that the employee is still an employee of the company. It is not easy for the Social Security Bureau to hear all the demands of employees. Whether resigning voluntarily or passively, the company must issue a resignation certificate, at least a notice of termination of labor relations. If it is confirmed that the resigned employee is a free person, he can apply for unemployment insurance or interview for a new position, which can be used to confirm the transfer of personal files, personal social security and personal provident fund of the resigned employee; It can confirm the relevant work experience of resigned employees in the original company, which is conducive to the interview of related positions. Generally speaking, we can understand that a new enterprise needs a resignation certificate when employees join the company, so as to prevent employees who have not terminated their labor relations with the original employer from being recruited, thus causing labor disputes, and the resignation certificate can also prove the employees' working years, positions and related work experience in the employer to a certain extent.
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