[Direct answer]In the Beijing area, employers shall issue certificates of termination or cancellation of labor contracts when terminating or ending labor contracts, and handle the transfer of the workers' files and social insurance relations within 15 days. According to Article 50 and Article 89 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012), if an employer violates the provisions of this law and fails to issue a written certificate of termination or cancellation of labor contracts to the worker, the labor administrative department shall order the employer to make corrections; if the employer causes damage to the worker, he shall bear the liability for compensation. In practice, workers can first negotiate with the company and fix the evidence. If the negotiation fails, they can file a complaint with the labor supervision team and request the employer to issue the certificate, or apply for labor arbitration to claim the issuance of the certificate and compensation for losses. For more details, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

A severance certificate (certificate of termination or rescission of a labor contract) is a necessary document for workers to re-employ, receive unemployment insurance, and handle social insurance and file transfer formalities. Typical scenarios include: after an employee resigns voluntarily or is dismissed, the company refuses to issue the certificate due to salary disputes, non-compete restrictions, or management negligence; the company delays the issuance for a long time on the grounds that the handover has not been completed; or the certificate is forcibly filled with unfavorable reasons for leaving, which affects the worker's job hunting. Such disputes often occur in situations of tense labor relations or weak corporate compliance awareness, and workers are often eager to join new units but are stuck in the certificate issuance process. For more labor rights protection paths, please refer to the following link:Creditor-debtor relations and enforcement case servicesThe content of the rights protection procedures in China.

II. Key points of contention

  • The boundaries of the obligation to issue certificates: Companies often defend themselves by arguing that the work has not been handed over or that there are economic disputes, but the statutory obligation does not require the completion of the handover. Disputes over the handover cannot be used to challenge the statutory obligation to issue certificates.
  • The controversy over the content of the proof: Whether the reasons for leaving, job positions, etc. are filled in objectively, and whether the company can unilaterally record unfavorable content, directly affecting the worker's re-employment and reputation.
  • The burden of proof for damages: Proving the causal relationship and amount between the loss and specific damages (such as unsuccessful job applications and loss of income during unemployment) is the core difficulty in making a claim.

III. Professional analysis by Henglue Lawyers

When handling labor dispute cases, Henglue Lawyers found that the dispute over severance letters on the surface is about whether to issue them, but in reality, it is often accompanied by derivative disputes such as wage settlement, non-compete agreements, and retroactive payment of social insurance. When the company refuses to issue the letter, it is often intended to exert negotiation pressure or cover up its own compliance flaws. Lawyers suggest adopting a strategy of first sending a letter and then suing: first, use a lawyer's letter to fix the reminder and delivery of evidence, and clearly inform the legal obligations and compensation risks; if the negotiation fails, prioritize labor supervision complaints, and the administrative department will order the company to issue the letter, which is a quick and low-cost process; if there are quantifiable losses involved, then apply for labor arbitration to claim compensation at the same time. Regarding the company's defense of non-handover, lawyers will clarify the priority relationship between the obligation to hand over and the obligation to issue the letter, pointing out that the two are not a defense relationship. For disputes over wages and compensation, they can be combined with other evidence to prove the company's liability.Business and contract dispute resolution services for enterprisesThe evidence rules in China should be dealt with in a comprehensive manner.

IV. Practical suggestions and legal basis

At the legal basis level: Article 50 of the Labor Contract Law of the People's Republic of China clearly stipulates that the employing unit shall issue a certificate and handle the transfer of the employee's files and social insurance within 15 days; Article 89 sets out the obligation to make corrections and the liability for damages; Article 24 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China limits the scope of the certificate's content to prevent companies from filling in unfavorable information; Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008) stipulates that disputes arising from the termination of labor relations, etc. fall within the scope of arbitration, and Article 27 stipulates that the statute of limitations for arbitration is one year, starting from the date when the party knows or should have known that their rights have been infringed. Practical suggestions: When leaving the job, actively request a certificate and check its content; if the company delays, first send a written reminder and keep the express receipt and chat records; if no agreement is reached, file a complaint with the labor supervision team at the place of employment; for losses, apply for arbitration separately and pay attention to the one-year statute of limitations. Relevant procedures can be consulted with the labor supervision team at the place of employment.Special services and other case servicesTeam coordination and collaboration.

5. Henglue Law Firm's Reminder

Although the severance letter is just a piece of paper, it directly relates to reemployment and social security rights. Companies are not allowed to refuse to issue it for a long time on the grounds of handover or salary disputes. Workers should establish the awareness of obtaining evidence immediately after leaving the job, fix evidence and urge promptly at the same time as the termination process; prioritize using labor supervision to exert pressure quickly, and enter arbitration if necessary. It should be noted that both arbitration and complaints have time limits and jurisdictional requirements. Delaying may result in missing the window for protecting rights. If you are currently facing a situation where the company refuses to issue a severance letter, it is recommended to organize materials and consult a professional lawyer as soon as possible to evaluate the optimal path for complaints and arbitration, and avoid continued damage to your rights and interests.

VI. Frequently Asked Questions

Q1: If the company refuses to issue a resignation certificate, can I still successfully join the next company?

The ability to get hired depends on the requirements of the new employer, but the risk is real. Most employers will require a resignation certificate from the previous employer during the employment review to confirm that the labor relationship has been legally terminated and to avoid assuming joint liability. Without a resignation certificate, the new employer may delay the employment process or refuse to hire the applicant, especially when it involves non-compete clauses or confidential positions. Workers can first try to communicate with the new employer to explain the situation and submit supporting evidence such as the notice of terminating the labor contract and the record of suspension of social insurance payments. At the same time, they should promptly urge the original company to issue the certificate through labor supervision or arbitration. If the lack of the certificate directly results in the failure to get hired and causes losses, they can claim compensation from the original company for the losses, but they need to prove the causal relationship between the new employer's hiring conditions, the reason for the failure, and the lack of the certificate.

Q2: Is it necessary to state the reason for leaving in the resignation letter? Could the company write in the letter that I was dismissed, which might harm my reputation?

The law has clear requirements for the content recorded in the severance certificate. According to Article 24 of the Implementing Regulations of the Labor Contract Law of the People's Republic of China (effective from September 18, 2008), the certificate shall indicate 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, but does not require the reason for leaving to be recorded. If the company fills in evaluative content such as being dismissed or having serious disciplinary violations beyond the legal scope, it may constitute an infringement of the worker's right to equal employment. The worker may request the issuance of a standardized certificate again; if this results in obstacles to job hunting, the worker may claim compensation. It is recommended to check the recorded content in time when receiving the certificate, raise objections to the company immediately if there are improper statements, and keep the communication records. If necessary, report the matter to the labor supervision department.

Q3: If the new job fell through because I didn't have a resignation letter, can I ask the former company to compensate me?

It's possible, but it requires satisfying the requirements of causality and proof of loss. According to Article 89 of the Labor Contract Law of the People's Republic of China, those who fail to issue certificates to workers and cause damage shall bear compensation liability. When claiming compensation, workers need to prove that: the original company indeed failed to issue certificates in accordance with the law; the new unit explicitly refuses to hire them or terminates their employment status due to the lack of certificates; the employment could have been successful and the losses can be calculated. Courts usually require stricter evidence of causality and amount, and it's difficult to support the subjective judgment of possible impact alone. Therefore, when discovering that the company is delaying the issuance of certificates, workers should simultaneously fix the hiring notices from the new unit, communication records, and the company's responses refusing to issue certificates. If necessary, they should obtain the certificates as soon as possible through complaints or arbitration to minimize the losses.

Q4: What evidence should be prepared to prove that the company failed to issue a certificate when applying for labor arbitration?

The core evidence is organized around two aspects: the termination of the labor relationship and the company's failure to issue a certificate. First, the basis for termination: resignation letter, notice of termination of the labor contract, emails or chat records from the company approving the resignation, and records of suspension of social insurance payments; Second, evidence of urging and refusal to issue a certificate: written letters requesting the company to issue a certificate and express delivery receipts, as well as responses from the company via WeChat or email clearly stating that they will not issue a certificate or delay doing so; Third, evidence of losses (such as claiming compensation): recruitment notices from the new employer, notifications of being rejected for lack of a certificate, and salary standards. The arbitration request can be written as ordering the respondent to issue a certificate of termination of the labor contract, and adding a compensation request as appropriate. Evidence should be organized in a closed loop to avoid only verbal claims. For multiple pieces of evidence, reference can be made to the above-mentioned provisions.\nCase execution servicesIn terms of evidence preservation, it's important to secure the evidence in advance.

Q5: Which is faster in obtaining a severance letter, filing a complaint with the labor supervision department or applying for arbitration?

Generally, labor inspections are faster. Labor inspections fall under administrative investigations. After receiving the notice to make corrections, the company will usually cooperate to issue the certificate within a relatively short time. The procedure is relatively simple and free of charge, making it suitable for requests that only require the issuance of a certificate. Labor arbitration follows the process of filing a case, holding a hearing, and making a ruling, which takes a relatively longer period of time and is more suitable for situations where compensation, wages, and other complex requests are claimed simultaneously. In practice, it can be done in parallel: first file a complaint to request the issuance of a certificate to obtain the certificate as soon as possible, and then apply for arbitration to claim compensation if losses are caused. When choosing a path, the complexity of the request and the company's cooperation should be taken into account. For simple requests with sufficient evidence, inspections should be prioritized, and for cases involving compensation amounts, arbitration should be applied. For more information on labor rights protection, please refer to the following link for further guidance:Beijing Henglue Law FirmI understand.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

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