Editor: I used to manage all employees' files in a certain unit. At that time, the leader felt that I couldn't manage my file well and asked me to give it to him, so I did. Recently, I changed my new job and went back to the leader to ask for files. The leader looked around and found nothing. Now, the new unit urges me to transfer files quickly. How should I fill in the file according to law? What legal responsibility should the former leader bear? Ms. Ding Ms. Ding: According to the relevant provisions of China's Regulations on the Management of Employees' Files, employees' files are managed by the labor (organization and personnel) functional organization of the enterprise where they work. Enterprises that implement comprehensive file management, the comprehensive file management department should set up special personnel to manage employee files. It is strictly forbidden for anyone to keep other people's files privately or use archival materials for graft. Those who violate the regulations should be dealt with severely according to the seriousness of the case. Those who violate the Archives Law and the Secrecy Law shall be dealt with according to law.
In addition, the regulation also pointed out that the enterprise employee file management department has the responsibility to keep employee files and do a good job in the safety, confidentiality and protection of employee files. If the employee files are damaged or lost due to the work of the file management department, the competent department and the main responsible personnel shall bear corresponding responsibilities. You should report the situation to the superior department in charge of the unit or the labor and personnel bureau, and solve this problem through administrative supervision. Lawyer Li Qingu