Does the absence of resignation certificate have an impact on the social security payment of the new company?

The absence of proof of resignation may affect the new company's payment of social security.

First, the role of the certificate of separation

Resignation certificate is a certificate issued by the original company when an employee leaves the company, which is used to prove key information such as the employee's entry time, position and reason for leaving the company. For a new company, the resignation certificate is an important basis for verifying employees' work experience and labor relations. Through the resignation certificate, the new company can know whether the employee has terminated the labor relationship with the original unit and whether there are factors that may affect the social security payment.

Second, the factors that affect the new company to pay social security.

The absence of resignation certificate may lead to difficulties for the new company in handling the entry formalities and paying social security for its employees. First of all, the new company may not be able to accurately understand the employee's employment history and labor relations, so it is difficult to judge whether the employee meets the social security payment conditions. Secondly, if there are unresolved labor disputes or disputes between employees and the original unit, this may affect the decision of the new company to pay social security for employees. In addition, the social security policies of some regions or industries may require employees to provide proof of resignation before they can go through the entry formalities and pay social security.

Three. Solutions and suggestions

For employees who have no resignation certificate, it is suggested to contact the original unit as soon as possible and ask for a resignation certificate. If the original company can't issue the resignation certificate for various reasons, employees can try to provide other relevant supporting materials, such as labor contracts, payroll, social security payment records, etc. To prove their employment history and labor relations. At the same time, employees can explain the situation to the new company and provide possible alternative certification materials.

To sum up:

The absence of resignation certificate may affect the new company's payment of social security, because the resignation certificate is an important basis for the new company to verify the employee's employment history and labor relations. Employees should contact the original unit as soon as possible to issue a resignation certificate. If it cannot be obtained, it can provide other relevant certification materials to prove its working experience and labor relations. When the new company handles the entry formalities and pays social security for employees, it should verify the certification materials provided by employees to ensure compliance with relevant policies and regulations.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 50 provides that:

The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.

This clause clarifies the obligation of the employer to issue the certificate of resignation when dissolving or terminating the labor contract, and the time limit for handling the transfer procedures of the relationship between files and social insurance. Therefore, the resignation certificate is an important document for employees after leaving the company, which is of great significance for the new company to verify the labor relations of employees and handle social security payment.

People's Republic of China (PRC) social insurance law

Article 58 provides that:

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.