Employee Files, You Can Not Ignore The Rights And Interests

Staff files are the documents of employees, organizations, personnel and other departments in the work of recruiting, dispatching, training, assessing, rewards and punishments, selection and appointment, and so on.

The employer shall bear the corresponding responsibility if he or she does not act, whether intentionally or negligently, as long as there is a situation where the employee files are lost and the workers' legitimate rights and interests are damaged.

Luan Yanan, a lawyer of Jilin trade union legal service lawyer group, reminded the masses according to the following cases.

Personnel files must be kept well.

Zhai was an employee of an enterprise. In July 2007, Zhai submitted a job pfer request to the original company, and the company agreed to work in Zhai's work.

But in the process of pfer, the company found that Zhai's personnel files were missing, resulting in the work of Zhai could not be pferred.

In September of the same year, Zhai submitted to the people's court for a request: 1, he asked the original employer to fill in the personnel files of Zhai; 2, compensation for the loss caused by the loss of archives.

The focus of the dispute is whether the case belongs to the people's court and whether the people's court should protect his claim.

Luan Yanan pointed out that the above cases should be concerned with four points when dealing with the above cases.

1, the ownership of personnel archives is owned by the state, and units and individuals do not enjoy the ownership of civil law archives, and have no right to occupy, use, benefit or punish personnel files.

The possession of personnel files by the employing units is also temporary, and the pfer and pfer should be carried out according to the regulations.

According to the principle of the parties' suitability, first, the individual does not enjoy the right of management and disposition of personnel files, and can not file a lawsuit against the right to file.

Second, there is no entrustment between archives management units and employees.

Nor is it possible to initiate a contract action based on contractual relationship.

2, the consequences of file loss are varied, which may cause losses in wages, benefits and insurance, and may cause inconvenience in job rotation and re employment.

Because the loss of archives may cause labor disputes with employers, such as wages, insurance, welfare benefits and so on, the loss of files should be accepted as a common civil case, that is, concurrence with labor disputes.

In such cases, the litigant's relief way can choose file loss disputes to the court, or choose labor dispute cases such as wages, insurance, welfare benefits to apply for arbitration to the labor dispute arbitration committee.

3. The people's court should accept the request for compensation for losses. However, whether or not the litigation request for personnel files should be supported or not is different. Most people think that the litigation request for re filling the personnel files belongs to the category of the internal administrative act of the unit, and some files are permanently lost and unable to be filled, so the people's court can not accept the litigation request for filing the files.

Luan Yanan believes that the request for a supplementary file belongs to the "

The category of "remedial measures" stipulated in the 111st article can also be regarded as the way to bear civil liability in the 134th provision of "restoring the original state".

In June 13, 2006, the Supreme People's Court issued a reply to the Supreme People's Court about the party's prosecution of the original employer's reassignment of personnel files and the compensation for the loss whether the personnel files were lost after the original unit was lost. The enterprises and institutions that kept the archives violated the legal provisions on the proper preservation of archives.

The people's court shall accept a file as a civil case if it files a lawsuit to file a file or compensate for the loss.

The purpose of most people's prosecution is to make up the files, and the second is to compensate for the losses.

If we do not accept the litigation request for re filing the files and accept the claim only, it is not only difficult to fully protect the legitimate rights and interests of the parties, but also more likely to connive on the infringer's illegal activities.

4. In the trial practice, if the files can be filled in, the people's court should support the appeal for the files to be reissued. As to whether the contents of the rearrangement are true and comprehensive, they belong to the category of the internal administrative management of the employing units, and the people's courts are not suitable for substantive examination; if they can not be filled, they can not be fulfilled. The people's courts should not support the appeals for the files to be filled, but the amount of the compensation can be increased and the interests of the litigants can be maximized.

The case was accepted by the court and supported by Zhai according to law.

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