Where to open the certificate of separation

Separation certificate, should be issued by the employer. Employees from the employer to leave the unit, the unit should be issued to the employee to terminate or terminate the labor contract certificate, the certificate should be written above the reasons for the employee's departure. If the employer fails to issue the certificate, the labor administration department will order the employer to rectify the situation and compensate the workers for their losses.

For units with standardized personnel management, there are usually electronic files, and the person concerned only needs to provide his ID card, so the personnel department can inquire about his work and departure through the human resources management system, and then reissue a certificate of separation for the person concerned.

For units that do not use the HRMS, the personnel department needs to check the staff's entry and exit materials of the year, and the procedure will be more troublesome. If there are changes in the personnel department, it will be even more troublesome to check, and it may also need the signature of the head of the department in charge before accessing the records.

To the social security bureau to print the social security contribution record, with the contribution record to the original unit personnel department, requesting a certificate of separation. The record of social security contributions is more authoritative and has the effect of legal proof.

Separation certificates are issued by the employer for the employee at the time of termination of the labor contract. The employer must issue the separation certificate to the employee in time, and need to handle the transfer of files and social insurance relations for the employee within fifteen days

For the employee, a certificate of separation is a proof of the end of the labor relationship, and is mainly used to provide to the new company as a material for the new company, indicating that it has been cleared of the relationship with the previous company, and can be assured of entering the new company to work. On the other hand, it can also be used as an important document in case of labor disputes. Based on its use, the separation certificate should contain the employee's name, ID number, date of entry, date of departure, department, position and other non-compete agreement to account for the matter, and stamped with the official seal of the company to take effect.

Legal Basis

The People's Republic of China Law on Labor Contracts

Article 50: The employer shall, upon termination of the labor contract, issue a certificate of termination of the labor contract, and shall, within fifteen days, handle the transfer of the files and the social insurance relations of the workers.

Laborers shall handle the handover of work in accordance with the agreement of both parties. If the employer shall pay economic compensation to the laborer in accordance with the relevant provisions of this Law, it shall be paid at the time of completing the handover of work.

The employer shall keep the text of the canceled or terminated labor contract for at least two years for inspection.

Article 89 If an employer fails to issue a written certificate of termination of labor contract to a worker in violation of the provisions of this Law, the labor administration department shall order the employer to make corrections; if the employer causes damage to the worker, the employer shall bear the responsibility of compensation.