The Judicial Dilemma And Way Out Of The Legal Relief Of Resignation Proof

The resignation certificate is a legal certificate issued by the employer to the employee after the labor contract is dissolved or terminated.The resignation certificate serves as a proof material for workers to apply for unemployment insurance benefits and fulfill certain notification obligations to the recruitment unit.Whether their relevant obligations can be fully and appropriately fulfilled is related to the stability and tranquility of workers’ lives.This article has certain research value and practical significance by studying the current disputes and judicial difficulties in resignation certification in China,analyzing the causes of their difficulties,and putting forward practical suggestions.The first part defines and deconstructs the concept and function of the resignation certificate,and clarifies the current effective labor norms in China,mainly providing for the recording items,issuance procedures,and compensation for damages of the resignation certificate.In addition,individual local labor legislation also provides supplementary provisions for the performance period of the opening obligation.The second part summarizes three common types of resignation certificate disputes in China’s judicial practice through the display of case retrieval data.According to the different requirements of workers’ litigation requests,they can be divided into three major claims:the obligation to issue a resignation certificate,the employer’s compensation for damages,and the re issuance of a resignation certificate.In the third part,through further analysis of common disputes,it is found that the judicial authorities have different opinions on whether to compensate for the loss of non employment opportunities lost by workers when determining the scope of liability for damages in the resignation certificate.At the same time,differences in opinions on the standard of compensation for damages and recordable matters have formed a judicial issue of different judgments in the same case.In the fourth part,through research,it is found that the main reason for the current judicial dilemma is that the legal norms related to resignation certificates are too principled,including the lack of clarity on how to record illegal matters in resignation certificates,the unclear time limit for performance of obligations,the lack of operability of methods,and the lack of unified opinions or standards on the scope of liability for damages and the calculation of compensation amounts.It is difficult for workers to fully prove the failure of the employer to fulfill the obligation to issue a resignation certificate,their own losses,and the causal relationship between the two,which increases the difficulty of judicial processing.The fifth part puts forward suggestions to solve the dilemma of judicial handling of separation certificate disputes.Firstly,the scope of recordable items in the resignation certificate should be defined in the form of principles and exceptions,requiring employers to strictly comply with legal matters.At the same time,only when the employee voluntarily requests,can the content related to the employee’s work be recorded.Secondly,limit the performance period of the obligation to issue the resignation certificate,and in terms of the performance method,require the employer not to attach any preconditions to the obligation.Thirdly,incorporate the loss of non employment opportunities lost by workers into the scope of liability for damages in the resignation certificate,propose compensation calculation standards,and set a maximum compensation calculation period.Finally,the burden of proof should be reasonably distributed to alleviate the burden of proof on workers.