When you leave, get a separation certificate stating contract term, leave date, position, and years of service

Whether you were dismissed, the contract expired, or you resigned, the employer must give a separation certificate when you leave and transfer your personnel file and social insurance within 15 days. The certificate must state contract term, separation date, position, and years at this employer. You need it for unemployment registration. If the employer refuses, labor authorities order correction and must pay any loss they caused.

Cost

No monetary cost. Ask in person before you go, or send a written request and keep proof you asked. Hard when relations are bad. If the employer stalls, complaint or arbitration can take weeks to months.

Benefit

The Labor Contract Law requires a certificate when the contract is terminated or ended. The rule does not depend on who initiated it — non-renewal, resignation, or dismissal all count. The employer must complete personnel file and social insurance transfer within 15 days. Implementing regulations require four items on the certificate: contract term, date of termination or end, job position, and years of service at the unit. The Unemployment Insurance Regulations require laid-off workers to take the employer's certificate promptly to the social insurance agency for unemployment registration. Unemployment benefits start from the registration date. If the employer does not issue a written certificate, the labor administration orders correction. If you suffer loss, the employer pays damages. The law also provides that a new employer who hires someone still bound to a former employer and causes loss to the former employer bears joint and several liability. The separation certificate is written proof that you and the former employer have ended the relationship (nationwide)

Notes

The law does not tie issuing the certificate to finishing handover; economic compensation is paid after handover is done. If the employer drags its feet, send one more written demand. If still no certificate, call 12333 or complain to labor inspection at the human resources bureau. Complaints are free; after a case is opened, investigation must finish within 60 working days, extendable 30 working days for complex cases. To claim damages from the employer, use labor arbitration — also free — within one year. After acceptance, arbitration closes within 45 days, extendable 15 days. You must prove the loss yourself, for example delayed unemployment registration or a new employer refusing you for lack of proof. If you disagree with the award, go to court; ordinary first-instance procedure starts at six months. Labor dispute court fees are 10 yuan per case; attorney fees are not litigation costs and you pay yourself. The four required items do not include reason for leaving. If the certificate says «voluntary resignation for personal reasons» and that is false, object on the spot — see this section item 7 (do not sign voluntary resignation). How to claim unemployment insurance: Section 7, item 1.

Sources · 6

1. 全国人大常委会 (2012 修正). 劳动合同法（第五十、八十九、九十一条）. flk.npc.gov.cn/detail?id=2c909fdd678bf1790167…
2. 国务院 (2008). 劳动合同法实施条例（国务院令第 535 号，第二十四条）. flk.npc.gov.cn/detail?id=ff8080816f3cbb3c016f…
3. 国务院 (1999). 失业保险条例（国务院令第 258 号，第十六条）. xzfg.moj.gov.cn/front/law/detail?LawID=517
4. 全国人大常委会 (2007). 劳动争议调解仲裁法（第二、二十七、四十三、五十三条）. flk.npc.gov.cn/detail?id=2c909fdd678bf1790167…
5. 国务院 (2004). 劳动保障监察条例（国务院令第 423 号，第十七条）. gov.cn/gongbao/content/2004/content_63042.htm
6. 国务院 (2006). 诉讼费用交纳办法（国务院令第 481 号，第六、十三、二十九条）. gov.cn/ziliao/flfg/2006-12/29/content_483682.htm