Job Recruitment Website - Social security inquiry - Separation certificate must be opened?
Separation certificate must be opened?
A, separation certificate is necessary to open the role of the following:
? 1, to prove that the employer and the worker has been terminated labor relations;
? 2, to prove that in accordance with normal procedures for separation;
? 3, prove that is a free man, can apply for unemployment benefits or apply for a new position;
? 4, you can use this to transfer your personnel relations, social security, provident fund, etc..
? Second, why must be issued a certificate of separation it
? General new company requires you to issue the certificate is to avoid the risk it may assume, because the labor contract law provides that if the company hired with other companies have not yet terminated the labor contract of the person, to the original employer to cause losses, the new employer has the responsibility to compensate. Therefore, there is no problem if the above situation does not occur. The specific reasons are as follows:
? 1. The employer prevents the employed person from doing more than two jobs at the same time, reduces the chance of leaking company secrets or other special needs.
? 2, the new unit is concerned that you and the original unit there are still unresolved matters involving labor relations. If he hired workers who have not yet terminated labor relations with the original unit, the new employer is responsible. Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, which states that the employer has not yet terminated the labor contract, and the original employer and the worker are in a labor dispute,
The new employer can be listed as the third party. If the former employer sues the people's court on the grounds of infringement by the new employer, the laborer may be listed as the third party. The original employer to the new employer and workers *** with the infringement of the people's court, the new employer and workers as *** with the defendant.
? 3, when leaving the unit must be issued a certificate of separation, there is no certificate of separation, it shows that you are still the unit's employees, the social security center will not accept any of your request, whether it is the active separation, or passive separation need to be issued by the unit of proof of separation, at least a copy of the lifting of the p>
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