Please note, HR, do not issue these certificates to employees casually, the consequences will be serious!

In our daily lives, we often encounter situations where we need to apply for proof. The most common one is to be asked to provide proof of income. For example, when applying for a visa after traveling abroad, some countries will require proof of income. prove. If there are no special reasons, the unit should provide and issue such certificates to employees to facilitate employees to complete the matters that need to be handled.

But the problem is that when some employees require the company to issue a certificate, they will always put forward some additional requirements that are inconsistent with the actual situation. Out of human nature, many HR will choose to turn a blind eye. Take advantage of the situation to help these employees and complete their additional requirements. However, it is these "additional requirements" that often bring unnecessary trouble to enterprises and HR.

01

Issuing certificates that are inconsistent with actual wages

The following is a real case...

A company produces machinery and equipment parts Our company recruited a sales manager from another province, Xiao Wang, three years ago. Xiao Wang has been conscientious and impeccable since he joined the company. He is an "excellent" employee that the company values ??most. At the beginning of last year, Xiao Wang was preparing to buy a house in the urban area. When he applied for a mortgage from the bank, he was asked by the bank to provide proof of income. According to the labor contract signed between him and the company, the initially agreed monthly salary was 5,000 yuan. This was only the basic salary. After including sales commission, his actual monthly income was about 7,000 yuan. However, according to the loan amount he applied for, the bank required that his monthly income should not be less than 10,000 yuan. Otherwise, the total loan amount could only be reduced, which made Xiao Wang very upset...

So, Xiao Wang found the company Manager Li from the human resources department asked Manager Li to write down her monthly income as 11,000 yuan on the certificate... Manager Li couldn't make up her mind, so she asked the company's general manager. In order to help employees solve the problem of house purchase expenses, the company's general manager The manager really nodded and agreed, so Xiao Wang successfully applied for a mortgage for his house.

After the Spring Festival this year, Xiao Wang submitted his resignation to the company. The company terminated the labor contract relationship between the two parties in accordance with relevant regulations. But what I never expected was... More than two months ago, Xiao Wang came to the company again and made a request that stunned the company... He demanded that the company must make up the difference in the past two years based on a monthly salary of 11,000 yuan. The salary is more than 90,000 yuan, otherwise, he will apply to the labor department for labor arbitration. Xiao Wang’s reason and evidence was the income certificate issued by the company...

Later, the company asked lawyer Zhang, the corporate legal consultant, to handle the matter. Lawyer Zhang spent a lot of effort to find the original personnel salary of the company. Information, combined with the salary levels of similar positions in the company, to prove that the salary certificate is not true. However, the lawyer is not completely sure whether these evidences are valid and recognized by relevant departments. After all, the income certificate is clearly written in black and white and is stamped with the company's official seal.

Can Xiao Wang succeed? Let's analyze this matter...

From an evidentiary point of view, the income certificate issued by the company is legally valid. If the income certificate issued by the company to its employees is higher than the actual amount, and its salary management is not standardized, and it has not agreed on a specific salary amount in the labor contract, in this case, if the employee holds a certificate stamped by the company, Zhang's income certificate is required to apply for labor arbitration or go to court for litigation, and the company cannot provide other evidence to refute it. It is very likely that the case will be lost, and the company will only suffer a loss and bear financial responsibilities that it should not bear.

02

Issue a dismissal certificate when an employee resigns

The following is still a real case...

Xiao Hu works in a certain company , two years ago, he voluntarily submitted a resignation application to the company and asked the company to issue a certificate stating that the company had terminated the labor contract with Xiao Hu due to the suspension of some production lines and had paid corresponding compensation. Xiao Hu’s reason is that he can use this certificate to apply for a subsidy from the relevant departments... The company’s senior management and HR believe that Xiao Hu is an old employee of the company and has resigned voluntarily, so they should try to help him.

So, I issued a certificate as requested by him as a favor.

But the company's senior management and HR did not expect... It didn't take long for the company to be bitten by Xiao Hu... Xiao Hu filed an arbitration with the labor department on the grounds that the company had not actually paid economic compensation. The company pays financial compensation. The employer had no choice but to issue Xiao Hu's resignation letter, proving that the content recorded in the certificate was not in line with the actual situation.

After investigation by relevant departments, it was confirmed that Xiao Hu resigned first and the company did not need to pay financial compensation. At the same time, the company was severely criticized for issuing false certificates and actively helping Xiao Hu fabricate the reasons for his resignation in order to receive subsidies from government departments.

In real life, some companies will do everything possible to help employees fight for their interests. The starting point is good... but in the specific operations, they are full of flaws and even violate legal regulations. A truly standardized company should care about its employees based on the basic premise of not breaking the law. It must not unprincipledly comply with employees' requests and issue certificates casually. Otherwise, it is likely to be self-defeating and counterproductive. Not only will it not be appreciated by employees, but it may even be possible. If you are beaten down, you must remain vigilant.

03

How to issue relevant certificates to employees

1. As members of the enterprise, employees perform their labor obligations in accordance with the contract and also have the right to require the enterprise to provide services for themselves Relevant supporting materials are required.

Therefore, companies must not blindly refuse legitimate certification requirements from employees in order to avoid being involved in lawsuits. This is an overkill, which will not only reduce employees’ sense of belonging to the company, but also greatly violates the purpose of this article. original intention.

2. When employees have legitimate reasons to request the company to issue a certificate, the company should not only take it seriously, but also actively cooperate

However, in order to avoid unnecessary trouble, it is recommended that the company issue a certificate before When certifying:

Be sure to ensure that the content of the certificate is objectively true and cannot be falsified;

Try to state the true purpose of the certificate;

It is for the official seal. It is best to register the certificate issued.

Only in this way can we better maintain the integrity system of society and prevent the company from getting into unnecessary legal disputes.

Many corporate disputes often arise in the small details regarding the proof that employees need. I originally intended to help employees, but ended up accidentally getting into lawsuits, and the gain outweighed the loss.

Issuing a certificate is not a trivial matter, and the company must still make records based on objective truth.

— END —