On The Archival Problem Of Unidirectional Termination Of Contract Units

Article eighteenth of the regulations on the management of enterprise employees' archives points out that the pfer, resignation, dissolution or dismissal of an enterprise worker shall be pferred to the new work unit or the street labor department (organization and personnel) of the place where the employee is located within one month.

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Mr. Wu signed a written labor contract with a company for a period of 5 years.

Two months ago, because another unit promised higher wages and welfare benefits to Mr. Wu, and Mr. Wu felt that the new hardware and software conditions and interpersonal environment of the new unit were much better than that of the original company, and it was also more favorable to Mr. Wu's personal development prospects, he submitted a written application for immediate termination of the labor contract to the company.

Because of being refused by the company, Mr. Wu immediately went to job hopping.

Who knows, but the company did not advance notice 30 days ago, it is illegal to terminate the labor contract, detained Mr. Wu's files.

Excuse me, is the company's practice right?

Although Mr. Wu is not doing the right thing, the company has no right to detain Mr. Wu's files.

First of all, it is the company's statutory obligation to pfer files to Mr. Wu.

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"Article thirty-seventh stipulates that workers can notify the employing unit in writing 30 days ahead of time, and may terminate the labor contract.

Mr. Wu immediately left when he submitted a written application for termination of the labor contract.

But this does not exclude the fact that the labor contracts between the two sides have been practically lifted.

For the disposal of laborers' files after the termination of labor contracts, the fiftieth provision of the law stipulates that the employer should issue a proof of termination or termination of the labor contract when he terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within 15 days.

About fixed workers signing

The letter of the same question also states that after the employer has removed the labor relationship with the employees, the employee files should be pferred to the new receiving units in time, and the units without receiving units should be pferred to the place where the employees are registered.

That is to say, regardless of the way the laborers leave the employer, the employer should promptly take it away.

Roll out.

That is why the company's detention of Mr. Wu's files for whatever reason and purpose is especially wrong when Mr. Wu repeatedly asks for his own way.

Secondly, if the company can prove that it has suffered losses, it can be solved by legal means.

Although the ninetieth provision of the labor contract law stipulates that a worker who breaks the labor contract in violation of the provisions of this law or violates the confidentiality obligation stipulated in the labor contract or the limitation of competition, thereby causing losses to the employing unit, he shall be liable for compensation.

However, this does not mean that employers can ask for losses from workers, and they can do whatever they want. They can even take the way of detaining workers' files to "attack the poison with poison". Instead, they should distinguish the two from two different legal concepts and obligations.