What is the impact of not returning the work order?

If you are about to leave your job, what do you think you must do?

It is estimated that the first thing that most friends think of is to check whether the salary has been calculated and whether the materials of the unit have been handed over clearly. ................................................................................................................................................, do you know the "return form"?

What if the company doesn't open a "return form" for you when you leave your job?

Do you know that this paper may affect your new job entry and social security payment?

You can't get unemployment insurance if you don't "return the work order"

Xiao Lu was dismissed by the company and asked for a "return form" when he left, but the company refused to deliver the goods on the grounds that he had not completed the handover task.

After losing his job, Lu Xiao was unable to register for unemployment because he didn't "return his work order", which made him unable to receive unemployment insurance benefits.

Helpless, Xiao Lu took the company to court.

The court held that when the company dismissed Lu Xiao, it should handle the resignation procedures for Lu Xiao. If Lu Xiao fails to go through the resignation formalities in time, he shall bear the responsibility for delaying his resignation. Finally, the court ruled that the company paid Lu Xiao the lost time according to the standard of unemployment benefits for the same period. What exactly is a "return order"? What's the use?

Article 50 of the Labor Contract Law stipulates: "When the employer cancels or terminates the labor contract, it shall issue a certificate of cancellation or termination of the labor contract, and go through the formalities of transferring the relationship between files and social insurance for the employee within 15 days."

What is the "certificate of dissolution or termination of labor contract"?

This kind of certificate is also commonly known as "resignation certificate", and the most legally effective resignation certificate in Shanghai is "withdrawal of work order".

After employees leave their jobs, it is their legal obligation for the unit to handle the resignation procedures for employees.

Oh, it turns out that it is the legal obligation of the unit to go through the resignation formalities. So it's not about the workers?

If you think so, you are all wet! The use of "returned work order" is by no means as simple as the situation at the beginning of the article. It will not only affect your application for unemployment insurance, but also affect your payment of social security. The specific function of entering a new job lies in:

Prove that the employer and the employee have dissolved or terminated the labor relationship;

Prove that the resignation of resigned employees is handled in accordance with normal procedures and there is no dispute with the original unit;

Prove that the resigned employee is a free man and can apply for unemployment benefits or apply for a new position;

This can be used to prove the transfer of personnel relations, social security, provident fund and so on. Number of employees who resigned;

It can prove the relevant work experience of the resigned employee in the original unit, which is conducive to applying for relevant positions. What's the return form like?

Since the "return form" is so important, what does it look like?

Can the company write whatever it wants, and then affix an official seal?

Of course not!

There is a standard version of "Return to Work Form" in Shanghai, the full name of which is "Certificate of Resignation of Shanghai Unit", which is supervised by Shanghai Employment Promotion Center. The contents in the "Shanghai Dismissal Work Certificate" also conform to the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Finally, the official seal will take effect. "Return Form" in quadruplicate. Among them, the first copy is retained by the employment agency that accepts the formalities of resignation registration and filing; The second copy is deposited in the employee's personal file for withdrawing vouchers; The third party handed it over to the dismissed employee; The fourth copy shall be kept by the employer.

It can be seen from the sample of "Resignation Certificate of Shanghai Company" downloaded by official website of the Human Resources and Social Security Bureau that the employer must fill in the Retirement Form as follows:

Employee name

ID card number

Login date

Departure date

File transfer-out time

Transmission mode

Important information such as the company's organization code.

When does the refund form start? When will you go to work?

According to the Labor Contract Law, after the labor relationship between the unit and the employee is officially dissolved, the unit is obliged to go through the resignation formalities within 15 days.

In this way, there is a time difference: the time when the labor relationship is terminated and the time when the "return form" is issued.

A netizen on the website of the Human Resources and Social Security Bureau asked: "Is this arrangement reasonable when the unit wants me to go to work until I get a refund form?"

In this regard, the reply of the Human Resources and Social Security Bureau is that the arrangement of the unit is inappropriate. Dissolving labor relations and dealing with dismissal are not the same concept. After the formal termination of the labor relationship, the employer is obliged to handle the resignation formalities for the employee within 15 days, but it cannot continue to require the employee to provide labor on this ground.

In addition, Article 89 of the Labor Contract Law stipulates that if an employer violates the provisions of this law and fails to issue a written certificate to the employee 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.

So, don't ignore this "return form"!

If the employer fails to issue a refund order in time, causing losses to the workers, then the employer is liable for compensation.

For example, the unit compensated Lu Xiao's unemployment insurance.

Zhou Bin, an expert in labor law, reminded that if employees can prove that they can't take up new jobs because their old employers didn't go through the resignation procedures, they can also apply for arbitration and ask the old employers to compensate them according to the monthly salary negotiated with the new employers. In other words, the liability arising from the resignation procedure is based on the actual loss.