告别职场，勇敢迈出自主创业的第一步，守护你的经济安全，避免断缴社保带来的经济损失！

Say goodbye to the corporate world, bravely take the first step towards self-employment, protect your financial security, and avoid the economic losses caused by the discontinuation of social security contributions!

1. 社保减员后没拿到离职证明，该怎么做，一般分三步走：

1. After the reduction of social security personnel, if you haven't received a severance certificate, here's what you can do, generally following three steps:

2. 通常只要在原单位办理了社保减员，就能在新入职的单位办理社保增员，而不一定需要拿到离职证明。如果你没有找到你的入职单位，而是以个人缴纳灵活就业的社保，则需要提供离职证明，在这种情况下，你只能与原单位协商开具离职证明。

2. Generally, as long as you have handled the reduction of social security personnel at your original unit, you can also handle the addition of social security personnel at your new place of employment, and it is not necessarily required to obtain a resignation certificate. If you have not found your new place of employment but are paying social security premiums as an individual for flexible employment, then you need to provide a resignation certificate. In this case, you can only negotiate with your original unit to issue a resignation certificate.

3. 根据劳动合同法第八十九条规定：用人单位违反本法规定未向劳动者出具解除或者终止劳动合同的书面证明，由劳动行政部门责令改正；给劳动者造成损害的，应当承担赔偿责任。由此可见，如果你单位不同意开具离职证明，你向劳动监察部门申诉和控告，相关部门是会对单位作出相应的处理。

3. According to Article 89 of the Labor Contract Law: If an employer violates this Law by failing to issue a written proof of the termination or dissolution of a labor contract to the worker, the labor administrative department shall order the correction; if such failure causes harm to the worker, the employer shall assume the responsibility for compensation. It can be seen from this that if your unit refuses to issue a separation certificate, you can file a complaint and a lawsuit with the labor supervision department, and the relevant department will make corresponding handling against the unit.

4. 确有必要开具的情况下，首先采取的是协商的形式

4. In cases where it is necessary to issue a document, the first approach is to engage in negotiation.

5. 原单位一般不会在员工离职后不开具离职证明的，不开离职证明也阻止不了员工离开单位，倒不如双方和和气气地解除或终止劳动合同。如果经过判断后，确实需要开具离职证明的，那么首先采取的方式是与单位协商，可通过熟人与单位领导谈，也可以自己向单位表达个人的意愿等方式协商。

5. Generally, the former unit will not refuse to issue a certificate of separation after an employee leaves, as not issuing the certificate will not prevent the employee from leaving the unit. It's better to peacefully terminate or end the employment contract between both parties. If, after judgment, it is indeed necessary to issue a certificate of separation, the first approach should be to negotiate with the unit. This can be done through acquaintances discussing with the unit's leaders or by expressing one's own intentions directly to the unit.

6. 如果与原单位协商不成，那么你只能通过寻求法律途径去解决，向劳动监察部门申诉和控告。根据劳动合同法第五十条：用人单位应当在解除或者终止劳动合同时出具解除或者终止劳动合同的证明，并在十五日内为劳动者办理档案和社会保险关系转移手续。由此可见，你离职后用人单位是有义务要开具离职证明的。

6. If the negotiation with the original unit fails, you can only seek a legal solution, filing complaints and accusations with the labor supervision department. According to Article 50 of the Labor Contract Law: The employer shall issue a certificate of termination or termination of the labor contract when terminating or terminating the labor contract, and handle the procedures for transferring the employee's archives and social insurance relationship within fifteen days. It can be seen from this that after your resignation, the employer has the obligation to issue a certificate of resignation.

7. 所以，目前你的解决方法是，判断离职证明是否一定要开具。如果确实在办理相关手续时一定要提供离职证明，那么首先只能与原单位协商解决，如果协商解决不成的，那么只能寻求法律途径去解决。

7. Therefore, your current solution is to determine whether a severance certificate is mandatory to issue. If it is indeed necessary to provide a severance certificate during the handling of related procedures, then the first step is to negotiate with the original employer. If the negotiation fails to resolve the issue, then you can only seek a legal solution to address the matter.