离职后公司要求提供就业证明-竞业限制调查知识大全|极兔竞调
离职后，要不要提供就业证明材料？
竞业协议一般会规定，员工离职后，要给前公司提供社保记录、工资流水等就业证明材料，用来证明自己没去竞争公司。如果没去竞争公司，大家一般是愿意提供这些材料的。
但最近有粉丝朋友咨询：我已经去了竞争公司，但劳动合同和社保挂在第三方代缴机构。我是否可以把第三方的劳动合同、社保记录提交给前公司？
专业人士回复：你的情况，建议不要提供证明材料。原因：
提供材料虚假材料，有刑事风险。
浙江玉环前些年出过这样一个案子：离职员工虚构就业证明材料，“骗取”竞业限制补偿金，被指控诈骗罪，最终被判期徒刑六个月，缓刑一年！这个案件是及其罕见的个案，现实中绝大部分案件走不到这一步。
但是，大家出来上班就是为了挣点钱，改善自己和家人的生活条件，有时候，民事违约的风险可以冒一冒，最多赔点钱；但是刑事的风险，一定要小心规避，不值得为了几万块钱补偿金，冒着被判刑的风险。
所以，如果你真去了竞争单位，可以不提供任何证明材料，可以不回复前公司的消息，但不要有“骗取”的行为。而且，收到补偿金后，建议直接退回，不要拿这个钱。
二、只要公司抓不住你入职竞争单位的证据，就算不提交任何材料，一般也不会判你赔违约金。
公司想要抓住员工入职竞争单位的证据，也是很难的，经常需要借助专业的调查公司，比如请他们跟踪你录像取证。
如果公司没有抓到足够的证据，就算你不提供证明材料，一般也不会判你赔违约金，完全没有必要提供不真实的材料。
总之，出来打工，安全第一。民事赔偿不可怕，但刑事风险一定要远离。
Do I need to provide employment proof materials after resignation?
Non compete agreements generally stipulate that after an employee resigns, they must provide the former company with employment proof materials such as social security records and salary statements to prove that they did not compete with the company. If you haven't competed with a company, people are generally willing to provide these materials.
But recently, a fan friend inquired: I have already joined a competing company, but my labor contract and social security are linked to a third-party payment agency. Can I submit the third-party labor contract and social security records to the previous company?
Professional response: Regarding your situation, it is recommended not to provide any supporting materials. reason:
Providing false materials carries criminal risks.
A few years ago, there was a case in Yuhuan, Zhejiang: a former employee fabricated employment proof materials and "cheated" non compete compensation. He was accused of fraud and ultimately sentenced to six months in prison with a one-year probation! This case is an extremely rare case, and in reality, the vast majority of cases do not reach this stage.
However, everyone comes out to work just to earn some money and improve their own and their family's living conditions. Sometimes, the risk of civil breach can be taken for a while, with a maximum compensation of some money; But criminal risks must be carefully avoided, it is not worth risking imprisonment for tens of thousands of yuan in compensation.
So, if you really go to a competing company, you don't need to provide any proof materials or reply to messages from your previous company, but don't engage in fraudulent behavior. Moreover, after receiving the compensation, it is recommended to return it directly and not take this money.
2、 As long as the company cannot obtain evidence of your employment with a competing company, even if no materials are submitted, you will generally not be fined for breach of contract.
It is also difficult for companies to capture evidence of employees joining competing companies, and they often need to rely on professional investigation companies, such as asking them to track you for video evidence.
If the company does not obtain sufficient evidence, even if you do not provide supporting materials, you will generally not be fined for breach of contract, and there is no need to provide untrue materials.
In short, safety comes first when working outside. Civil compensation is not scary, but criminal risks must be kept away.
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