论劳动关系终止后的用人单位附随义务

劳动关系终止后用人单位向劳动者出具证明文件为其应履行之劳动合同附随义务。证明书记载内容限于劳动合同起止时间、工种、工作性质等,而不应涉及对劳动者职业能力、品行等情况的评价,除非劳动者明确要求。证明书记载不实或记载法定内容以外事项,给劳动者造成就业障碍的,应承担赔偿责任。

Discusses the Work Relations to Terminate after the Employer Affiliate Duty

After the work relations terminated the employer to write up the proof document to the worker for its to be supposed to fulfill the work contract affiliate duty.The certificate record content is restricted in work contract content and so on beginning and end time,kind of work in a factory,work nature but should not involve to situation the and so on worker professional ability,conduct appraisal,only if the worker is clear about the request.Outside the certificate record not reality or the record legal content the item,creates the employment barrier to the worker,should undertake the compensation responsibility.