Does Chongqing CITIC Securities need a certificate of resignation to join the company?

The new unit requires the parties to issue the resignation certificate of the original unit, mainly in accordance with the provisions of China's labor contract law. According to China's Labor Contract Law, if an employer recruits workers who have not dissolved or terminated their labor contracts with other employers, and causes losses to other employers, it shall be jointly and severally liable for compensation.

However, the party's resignation certificate has been lost, and the original company refused to reissue it. It is suggested that relevant parties take the following remedial measures:

First, continue to negotiate and communicate with the original unit, because according to the provisions of China's labor contract law, the employer should issue a certificate of dissolution or termination of the labor contract, that is to say, it is the obligation of the unit to issue a certificate. However, if the unit has already issued it, it is the responsibility of the party concerned and the unit has no obligation to reissue it. Originally, there was nothing to lose when the company reissued it. The reason why the company refused to issue it again may be that the parties were not very satisfied with the company in the previous work process, or there was a problem when they left the company. Therefore, it is suggested that the parties concerned should consider whether they are at fault, make remedies when necessary, gain the understanding of the company, and solve the problem smoothly.

Second, if the original unit still refuses to supplement after communication and consultation, and it is malicious, wrong or even illegal, it can appeal to the labor administrative department, which will coordinate or handle it, or it can be solved by consulting social security whether there is a certificate to terminate the labor contract and filing.

Three, the above still can not solve the problem, you can explain the situation to the current unit, or the parties themselves make a written explanation, which is now ready to accept the unit. This statement can be made according to the following model:

Statement (model essay)

I resigned from XXX company on X, X, and I have gone through all relevant resignation procedures in accordance with the provisions of the Labor Contract Law. XXX company has issued a certificate to terminate the labor contract, but the certificate to terminate the labor contract has been accidentally lost.

I am unemployed at present, and I am willing to bear all the consequences if it is untrue.

Hereby declare

Declarer: XXX year month day

Relevant legal basis: According to the Labor Contract Law of People's Republic of China (PRC).

Article 39 The employing unit may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Article 50 When the employer dissolves or terminates the labor contract, it shall issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the file and social insurance relationship for the employee 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 91 If an employing unit employs laborers who have not dissolved or terminated their labor contracts with other employing units, thus causing losses to other employing units, it shall be jointly and severally liable for compensation.