Legal basis:
Article 31 of People's Republic of China (PRC) Labor Law
A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.
Article 32 Under any of the following circumstances, the employee may notify the employer to terminate the labor contract at any time:
(1) is in the probation period;
(2) The employing unit forces labor by means of violence, threat or illegal restriction of personal freedom;
(three) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.
After the chaotic implementation of the Labor Contract Law for the first time, in order to avoid employment risks, many employers require workers to provide the certificate of dissolution or termination of the labor contract issued by the original employer when they join the company, so that workers can get the opportunity to sign contracts with new units. Therefore, when a laborer leaves his original unit, he should ask the unit to issue a certificate of resignation according to law, and the employer has the obligation to provide a certificate of resignation for the laborer who leaves according to law. 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.
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