[Direct answer]This is illegal. It is the statutory obligation of the employer to issue a written certificate of termination or rescission of the labor contract. The employer must complete the procedures of terminating or rescinding the labor contract, and cannot refuse to do so due to disputes over wage settlements, compensation disputes, or unfinished handover procedures. If the company refuses to issue the certificate, the labor administrative department may order it to make corrections; if it causes any damage to the employee (such as being blocked from joining a new employer), it shall bear the liability for compensation.

1. Problem background and typical scenarios

The common scenarios of employees being "stalled" in obtaining their resignation certificates include: the company saying "we won't issue the certificate until the salary is settled"; withholding the certificate until an agreement on compensation is reached; HR departments delaying the process due to conflicts between employees and their supervisors; and indefinitely postponing the issuance of the certificate on the grounds of "incomplete handover". On the employees' side, new employers urgently need the certificates, civil servants and public institution staff are waiting for the materials for their political review, and procedures such as household registration and housing provident fund withdrawal are being delayed - the certificate has become a bargaining chip in this tug-of-war.

II. Key points of dispute

First, the unconditional nature of the obligation to issue the certificate. Statutory obligations are separate from disputes between the parties, and the company cannot refuse or delay issuing the certificate on the grounds of any disputes. Second, the scope of the content. It suffices to prove the legally required items (deadline, position, date of termination), and employees have the right to refuse the company from adding negative evaluations. If the "voluntary resignation" statement does not match the actual grounds for termination, employees can request that it be recorded accurately. Third, the calculation of losses. For example, if the new job offer is lost due to the lack of a certificate, or there are wage losses due to delayed employment, the claimant must provide evidence such as the offer letter and the new employer's statement when making the claim. Fourth, the choice of legal procedures. First, send a written reminder, then file a complaint with the labor supervision authority, and finally initiate arbitration to claim damages, proceeding step by step.

III. Professional analysis by Henglue Law Firm

The legal nature of the resignation certificate is an "obligation to fulfill" rather than a "bargaining chip". Article 50 of the Labor Contract Law stipulates that issuing the certificate and handling the transfer of personnel files and social insurance are statutory actions upon termination or cancellation of the contract. Article 89 imposes administrative and compensation liabilities for failing to issue the certificate - this obligation is unconditional, and wage disputes, compensation disputes, and property handover cannot prevent it from being fulfilled. The practical steps are as follows: 1. **Send a written notice with evidence**: First, request the HR department to issue the certificate in writing (via email, OA system, or express delivery), stating the employment date, position, and termination date, and setting a reasonable deadline. This step not only gives the company an opportunity to comply with regulations but also serves as evidence for future claims of "the company's refusal to fulfill its obligations". 2. **Parallel administrative and arbitration actions**: If the request is ignored, file a complaint with the labor supervision authority (which is cost-effective and quick to resolve the issue). If losses have occurred (e.g., cancellation of a new job offer, delayed employment), directly file an arbitration claim for compensation, with key evidence including the new employer's recruitment notice, the employer's written statement "the employment was cancelled due to the lack of a resignation certificate," and the original offer's salary standards. This ensures the losses can be quantified to a level suitable for adjudication. 3. **Address contentious issues**: If the certificate issued by the company contains evaluations such as "serious disciplinary violations" or "unsatisfactory performance," the employee has the right to request a reissued certificate based on statutory requirements. Similarly, corrections are required for certificates that misrepresent the termination reason (e.g., labeling voluntary resignation when it was actually a dismissal). From the company's perspective, failing to issue the certificate not only incurs costs but also escalates minor disputes into administrative liabilities and compensation claims. Treating statutory obligations as bargaining chips is a classic case of "losing the forest for the trees." Compliant practices require issuing the certificate and handling transfers on the day of resignation, leaving disputes separate from the legal process. In Beijing, labor supervision authorities handle certificate-related complaints efficiently, and employee protection mechanisms are well-established. Those encountering certificate-related obstacles should first send a written notice and then file a complaint, with most cases resolved without resorting to arbitration.

IV. Practical suggestions and legal basis

The first step is to issue a written reminder: Send an email or express delivery letter requiring the employer to issue the certificate within a specified time limit and keep the relevant records. The second step is to file a complaint with the labor supervision authority: If the reminder is ineffective, report the matter to the labor supervision authority and request that the employer be ordered to rectify the situation. The third step is to claim damages: Use evidence to arbitrate and claim compensation for the cancellation of the offer and the delay in employment. The fourth step is to verify the content: Check the records according to statutory requirements and request corrections for any inaccuracies. Main legal basis: Article 50 (Obligations upon Termination) and Article 89 (Liability for Failure to Issue Certificates) of the Labor Contract Law of the People's Republic of China (amended in 2012); Article 24 (Contents to Be Included in the Certificate) of the Implementing Regulations of the Labor Contract Law; Specific applications shall be subject to the currently effective laws and regulations.

5. Henglue Law Firm's Advice

The severance certificate is a legal obligation, not a bargaining chip for the company: First, send a written notice to fix the evidence of the company's refusal to fulfill its obligations, and then claim compensation after the losses have occurred. The order cannot be reversed. The company should not make a fuss about the certificate either. Issuing the certificate on the same day and discussing disputes separately is the most cost-effective way to handle the situation. For matters involving severance procedures and compensation for losses, you can seek legal assistance through legal channels.Labor arbitration and work-related injury compensationYou can refer to the overall solution for services involving the compliance of the enterprise's resignation processBusiness and contract disputes in enterprisesFor those who need long-term legal consultants to assist in the construction of a departure management system, please refer to the following information.Intellectual property protection and corporate lawFor the plates, those related to specific case solutions can be combined togetherSpecialised legal servicesPlate consultation.

VI. Frequently Asked Questions

Q1: Is it legal for the company to require employees to return their work uniforms before issuing a certificate of employment termination?

We can negotiate, but we cannot use this as an excuse to delay our legal obligations. Even if the deadline has passed, we can still file a complaint and claim compensation.

Q2: Does the term "consensual termination" written on the certificate affect the applicant's eligibility for unemployment benefits?

Those who terminate their employment involuntarily can receive the compensation, and if the reason for the termination recorded in the document does not match the actual situation, they can request a correction.

Q3: Is there a time limit for obtaining a certificate required for arbitration?

For those claiming compensation for losses, the statute of limitations for labor disputes is one year, and they can request compensation at any time.

Q4: Can I get a replacement for the departure certificate if I've lost it?

Yes, you can apply to your former employer to reissue or copy the archived documents. The employer has an obligation to assist you with this process.

Q5: What should I do if the company issues a certificate with a negative evaluation?

You have the right to refuse negative records outside the statutory requirements, request their reissuance, and file complaints against those who refuse to make corrections.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on the current laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.