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Separation certificate and social security issues
People's Republic of China (PRC) (China) Labor Contract Law
Article 50? 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.
Article 89? In violation of the provisions of this law, if the employer fails to issue a written certificate to the laborer to dissolve or terminate the labor contract, the labor administrative department shall order it to make corrections; If it causes damage to workers, it shall be liable for compensation.
regulations on the implementation of labor contract law
Article 24 The certificate of dissolution or termination of the labor contract issued by the employing unit shall specify the term of the labor contract, the date of dissolution or termination of the labor contract, the post and the working years in the unit.
Some Provisions on Implementing the Social Insurance Law of People's Republic of China (PRC) (Ministry of Human Resources and Social Security)
Article 19. If the employer refuses to issue a certificate of termination or dissolution of labor relations to the employee when terminating or dissolving the labor contract, resulting in the employee being unable to enjoy social insurance benefits, the employer shall be liable for compensation according to law.
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