[Direct answer]The content of the employment termination certificate is statutory, and evaluations cannot be added arbitrarily. According to Article 24 of the Implementing Regulations of the Labor Contract Law (effective September 18, 2008), the certificate of termination or termination of the labor contract only needs to state the term of the labor contract, the date of termination or termination of the labor contract, the job position, and the length of service in the unit. Negative evaluations such as "serious disciplinary violations", "dismissal", and "poor performance" exceed the statutory scope, and workers have the right to request a new certificate. According to Article 50 of the Labor Contract Law (amended on December 28, 2012), the employer shall issue the certificate upon termination or termination and transfer the personnel files and social insurance relations within 15 days; Article 89 stipulates that if the certificate is not issued in accordance with the law, the labor administrative department shall order the employer to make corrections, and the employer shall bear compensation liability if any damage is caused to the worker. In the event of unfavorable records or refusal to issue the certificate, the worker shall first request a correction in writing, then file a complaint with the labor supervision authority, and seek compensation for actual losses in accordance with the law if any losses are incurred due to failed background checks. For related handling, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

The employment termination certificate is a necessary document for joining a new employer, registering for unemployment, and transferring social insurance. Its content directly affects reemployment opportunities. Common disputes include: when negotiating termination, the employer adding statements such as "dismissed for personal reasons" to the certificate; when the employee resigns normally, the certificate stating "serious violation of company rules and regulations"; the employer refusing or delaying issuance on the grounds of "unresolved labor disputes"; adding subjective evaluations and derogatory remarks to the certificate; and attributing blame for the termination that does not match the actual facts. These issues may cause doubts during background checks by new employers, or even lead to the cancellation of job offers and the inability to apply for unemployment insurance, thereby giving rise to disputes.

II. Key points of dispute

  • Is the content beyond the scope of the law? All evaluations beyond the four statutory items—the determination of the reasons for leaving, the record of disciplinary violations, and the description of performance—lack legal basis. Whether the content beyond the scope of the law should be deleted and which time point's evidence should be taken as the standard are the core disputes.
  • Regarding the characterization of refusal and delay: Issuing the certificate is a statutory obligation, and there is no quid pro quo relationship between whether there is a dispute between the two parties and whether the worker has completed the handover. If the unit uses withholding the certificate to exert pressure, it violates Article 50 of the Labor Contract Law.
  • How to prove the losses: If unfavorable records lead to a failed background check or an inability to be hired, the proof of the causal relationship and the amount of losses is the key to the success or failure of the claim. Evidence such as the cancellation notice of the offer, correspondence emails, and evidence of lost working time and income differences need to be organized systematically.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm's experience in handling disputes over severance letters is to "first rectify the content, then pursue compensation for losses". At the content level, after receiving the severance letter, it should be reviewed item by item in accordance with Article 24: if there are statements beyond the four statutory items, immediately request the unit to reissue it in accordance with the statutory format in writing through email or other traceable channels, clearly citing the provisions of the Implementing Regulations and giving a time limit; if the unit refuses to correct it, file a complaint with the labor and social security supervision authority at the place of employment, and the administrative document ordering correction itself is a strong evidence for subsequent claims. At the loss level, it is structured in two steps: first, prove the causal chain of "unfavorable records - failed background check", such as the new unit's explanation of the failed background check and the notice of canceling the offer; then prove the amount of losses, such as the agreed salary standard and the loss of income during the delay in employment. In terms of arbitration requests, it is recommended to simultaneously claim the reissuance of the severance letter and compensation for damages; for overall severance disputes involving the simultaneous recovery of wages and economic compensation, it is suggested to combine them with other claims.Labor arbitration and work-related injury compensation servicesThe team should coordinate the filing of cases to avoid increasing costs due to separate filings. In practice, we should also be vigilant against vague clauses such as "the content of the resignation certificate will be determined separately" in the termination of agreements. Before signing, we should require that the certificate text be fixed as an attachment.

IV. Practical suggestions and legal basis

At the legal basis level: Article 50 of the Labor Contract Law (amended on December 28, 2012) stipulates that the employer shall issue a certificate when terminating or rescinding the labor contract, and handle the transfer of the employee's personnel files and social insurance relations within 15 days. The employee shall complete the work handover as agreed. Article 89 stipulates that if the employer fails to issue the certificate in accordance with the law, the labor administrative department shall order the employer to make corrections, and the employer shall bear compensation liability if the employee suffers any damage. Article 24 of the Implementing Regulations of the Labor Contract Law (implemented on September 18, 2008) stipulates that the statutory items to be recorded in the certificate include four items. In addition, according to the relevant provisions of the Social Insurance Law and the requirements for unemployment insurance claims, the severance certificate is also a necessary document for unemployment registration and unemployment insurance claims. At the practical advice level: Request the certificate in person and check its content on the day of leaving the job, and raise objections on the spot if necessary; all communication should be conducted through traceable channels such as email and WeCom; if the new employer refuses to issue the certificate, resulting in the inability to apply for unemployment insurance, the losses shall be included in the scope of compensation. For experience in handling similar disputes and guidance on legal documents, please visitBeijing Henglu Law FirmPlease check the official website for more information.

5. Henglue Law Firm's Reminder

The characteristics of disputes over severance letters are "small issues, big losses". A few sentences on a piece of paper may affect months of income and professional credit. Therefore, the key points are speed: raise objections quickly, and the earlier you raise them in writing, the more likely it is to demonstrate that the records are inaccurate; file complaints quickly, as supervisory orders for correction are often more efficient than arbitration; and claim compensation quickly, as the evidence of a failed background check is in the hands of the new employer, and it will be difficult to retrieve it if it is delayed for too long. Three reminders: First, don't sign an untrue termination agreement in exchange for a severance letter, as the content of the letter will then be "based on evidence"; Second, actively preserve the evidence of lost job opportunities during the period when the employer refuses to issue the letter, as arbitration tribunals do not accept oral statements; Third, if the severance letter is intertwined with disputes over non-compete clauses and economic compensation, you should formulate your claims as a whole rather than filing individual lawsuits. If you are unsure about a specific case, you can first seek advice through legal channels.Special services and other case servicesDo a quick assessment.

Q1: The company refuses to issue a resignation certificate. Can I request compensation?

Yes. It is the employer's legal obligation to issue a resignation certificate, and this obligation cannot be waived due to unresolved labor disputes, unfinished handover procedures, or wage disputes. According to Article 89 of the Labor Contract Law, employers who refuse to issue the certificate will be ordered by the labor administrative department to make corrections; if the employer causes any damage to the employee, the employer shall bear the compensation liability. The scope of compensation typically includes: income losses due to the cancellation of the new offer or delayed employment due to the lack of the certificate; and losses in benefits such as being unable to register for unemployment and claim unemployment insurance. The suggested order of rights protection is: written demand and deadline for issuance → complaint to the labor supervision department → application for arbitration and claim for compensation once the losses are confirmed. It is necessary to keep written evidence at each stage, and the establishment of the compensation claim is based on the premise that "the losses have actually occurred and can be verified".

Q2: Is it legal to write "dismissed for serious disciplinary violations" on the resignation certificate?

It's illegal. According to Article 24 of the Implementing Regulations of the Labor Contract Law, the statutory content of a severance letter includes only four items: the term of the labor contract, the date of termination or termination of the labor contract, the job position, and the length of service in the current unit. "Serious disciplinary violations" and "dismissal" belong to qualitative evaluations of the reasons for leaving, which exceed the scope of statutory records. Workers have the right to request a new certificate that only lists the four items. Operationally: immediately request a correction in writing and cite Article 24; if the unit refuses, file a complaint with the labor supervision authority, which will order the correction; if the worker has suffered adverse consequences in the background check due to such records, they can claim damages in arbitration. It should be noted that requesting a correction to the records does not affect the unit's right to claim the effectiveness of a disciplinary dismissal in accordance with the law. The two matters should be handled separately.

Q3: Will the resignation certificate affect the background check and the onboarding process for the new job?

The impact is direct and common. Most companies' background checks will verify the position, employment period, and nature of the resignation in the resignation certificate. A record with unfavorable information may lead to follow-up questions or even the cancellation of the offer; a lack of such proof may result in the new employer refusing to process the onboarding. Key responses: First, immediately initiate the correction process if any inaccuracies are discovered, as early action will minimize the impact on the new hire; second, truthfully explain the situation during the background check and proactively provide evidence of the dispute, such as supervision orders for correction, arbitration acceptance notices; third, if onboarding is blocked due to proof issues, retain the offer letter and cancellation notice as evidence for claims. Conversely, if the actual termination has occurred as recorded, it will be difficult to obtain support for simply "beautifying" the certificate. The focus should be on loss control and subsequent dispute response.

Q4: How long can I wait to request an exit interview from the company?

According to Article 50 of the Labor Contract Law, the employer shall issue a certificate when terminating or rescinding the labor contract. In practice, this should be understood as completing the termination procedures at the same time or within a reasonable short period of time thereafter, and completing the transfer of the employee's personnel file and social insurance relationship within 15 days. If the employer delays issuing the certificate for more than 15 days on the grounds of "approval procedures", it is already illegal. The employer can issue a formal written notice to the employee and specify a deadline. If the employer fails to comply with the deadline, the employee can file a complaint with the labor supervision authority. The notice and complaint records can simultaneously serve as evidence to prove that the employer "neglected to fulfill its obligations". If the employee's departure month coincides with a month-end or year-end, attention should be paid to the time limits for handling the reduction of social insurance and unemployment registration to avoid causing interruptions in social insurance payments and losses in benefits.

Q5: If I have already signed the agreement on consensual termination, can I still request to modify the content of the resignation certificate?

It's possible, but the situation needs to be distinguished. The agreement terminates rights and obligations such as economic compensation and wage settlement, but it does not affect the mandatory requirements of the four statutory contents of the employment termination certificate. Even if the agreement states "termination by mutual consent", the employer is not allowed to add negative records such as "violation of discipline" or "poor performance" beyond the agreement on the certificate. If the agreement itself states the wrong reason for leaving and does not conform to the actual situation, and the agreement has not been fully implemented, the employee can claim to revoke or modify the relevant provisions in accordance with the provisions of the Civil Code on fraud and major misunderstanding. It is recommended to follow the following steps: first, check the differences in the expressions of the agreement and the certificate → request in writing to reissue the certificate according to the statutory contents and the actual reasons → keep all the correspondence records, and if necessary, apply for arbitration to confirm it.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm