After the employee terminates the labor relationship with the unit, the unit needs to issue a certificate for the employee to terminate the labor relationship. If the unit refuses to send it, it is illegal, and employees can complain to the labor administrative department.
1. What do migrant workers extract from the termination of labor relations with their units?
1, original and photocopy of household registration certificate; ?
2. The original and photocopy of the certificate of termination of labor relations;
3. The original and photocopy of the employee ID card shall be used to extract the provident fund; ?
4, provident fund from the employee's own bank savings account.
Two. "Regulations on the Management of Housing Provident Fund" Article 24 If an employee is under any of the following circumstances, he can withdraw the storage balance in the employee's housing provident fund account:
(a) the purchase, construction, renovation and overhaul of owner-occupied housing;
(2) retirement;
(three) completely lose the ability to work, and terminate the labor relationship with the unit;
(4) Having left the country to settle down;
(5) Repaying the principal and interest of the house purchase loan;
(six) the rent exceeds the prescribed proportion of family wage income. In accordance with the provisions of items (2), (3) and (4) of the preceding paragraph, the employee housing provident fund account shall be cancelled at the same time. ?
If an employee dies or is declared dead, the employee's heirs and legatees may withdraw the storage balance in the employee's housing provident fund account; If there is no heir or legatee, the storage balance in the employee housing provident fund account shall be included in the value-added income of the housing provident fund. ?
Twenty-fifth workers from the housing provident fund account balance, the unit shall verify, and issue a certificate of extraction. Workers apply to the housing provident fund management center for withdrawal of housing provident fund with the withdrawal certificate.
The housing provident fund management center shall, within 3 days from the date of accepting the application, make a decision on whether to approve or disapprove the withdrawal, and notify the applicant; If the withdrawal is approved, the entrusted bank shall go through the payment procedures. ?
3. Article 50 of the Labor Contract Law. The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days. Laborers shall handle the work handover according to the agreement of both parties.
If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed. The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference. ?
Article 89 If the employing unit violates the provisions of this Law and fails to issue a written certificate to the laborer 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.
Extended data:
First, the first extraction
1, patient's valid ID card;
2, the depositor's household registration book, married also need to provide a marriage certificate;
3. Original income certificates of all family members;
4. Original and photocopy of disease diagnosis certificate;
5. One original and one copy of the social security specific outpatient reply (the patient does not need to provide medical insurance);
6, hospitalization related treatment expenses vouchers, hospitalization expenses list, etc.;
7, "workers due to family emergencies or major diseases caused serious difficulties in life to extract housing provident fund declaration form" official seal of the unit;
8. If the depositor and the party concerned are immediate family members with different accounts, they shall provide the household registration certificate issued by the public security department.
Second, the handling points
1. For the purchase of new commercial housing, provide the property ownership certificate or the purchase contract and payment voucher filed by the real estate administrative department;
2, the purchase of second-hand housing, provide real estate administrative departments for the record of the purchase agreement or housing ownership certificate, deed tax payment certificate;
3, the construction and renovation of housing, provide the planning department of construction and renovation approval documents, payment vouchers;
4, overhaul occupied housing, provide housing safety appraisal certificate issued by a qualified institution, housing ownership certificate, project budget and payment voucher;
5. To repay the principal and interest of the housing loan, provide the purchase contract, loan contract and repayment certificate issued by the bank, which are filed by the real estate administrative department;
6. For renting self-occupied housing, provide the housing lease contract, rent invoice and family income certificate registered by the housing management department;
7, retired, provide my certificate or relevant certificates issued by the labor and personnel department;
8. If you leave the country to settle down, provide a certificate of cancellation of household registration or a certificate of leaving the country to settle down;
9. In case of death or being declared dead, the legal heir or legatee shall provide the depositor's death certificate or death declaration certificate, the identity card of the heir or legatee, the certificate of inheritance or bequest right, and the notarial certificate;
10, if enjoying the minimum living guarantee, provide the minimum living guarantee certificate issued by the civil affairs department;
1 1, in case of complete or partial loss of labor ability and termination of labor relationship with the unit, provide the labor ability appraisal certificate issued by the human resources and social security department, the unit's termination of labor contract certificate or unemployment certificate;
12. Other information and materials provided by the municipal housing provident fund management center according to relevant laws and regulations.
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