Employees' Files "Missing" For 30 Years Were Sentenced To Compensate 60 Thousand.

Chen Huajie, 65 years old, faced with his 30 years of disappearance and now recovered files. Apart from a glimmer of joy, he was more dissatisfied and angry.

In those days, after being removed from the discipline by an enterprise in Beijing, the files disappeared mysteriously.

Over the years, because there is no file, he wants to find a job, pay insurance and other matters, but everything is not right.

Therefore, he appealed to the court for compensation from the original unit.

Recently, Miyun court decided the company after hearing the case.

Chen Huajie lost 60 thousand yuan from his files.

The plaintiff Chen Huajie complained to the court that he worked in an enterprise in 1975 and was removed from the unit in July 1985.

Since then, the unit has not pferred its files out.

He searched the archives many times and was told that he had not found them.

It was not until January 27, 2016 that the unit informed him that "archives were found in moving."

Due to the fault of the unit, it can not find a job, can not handle the minimum guarantee, fail to pay social insurance, and fails to handle the retirement formalities. In order to safeguard its legitimate rights and interests, he appealed to the court for compensation of 300 thousand yuan.

The unit argues that Chen Huajie, as a staff member removed from the unit, should extract the files by himself.

After he was removed, he did not take away his personal files in time, causing the whereabouts of the files unknown.

The file has been found and handed to him, so he disagrees with his claim.

The court found that plaintiff Chen Huajie worked in an enterprise in 1975 and was removed from the enterprise by July 13, 1985.

After Chen Huajie was removed, his personal files did not turn out, but they could not be found in the unit.

At the end of 2015, the unit found Chen Huajie archives in the process of moving.

In January 27, 2016, the company handed the files to Chen Huajie.

The court held that

Disputes arising from delayed pfer or the loss of files, and workers' claim for compensation by employers, belong to the scope of labor dispute cases.

If a laborer claims compensation for losses due to the loss of his files, the labor arbitration commission or the people's court may determine the amount of compensation according to the extent of the fault and the damage of the party concerned.

In this case, as for the problem of the loss of Chen Huajie's files, the defendant, as his employer, has a legal obligation to keep his files properly and pfer them according to law.

However, the defendant's negligence in fulfilling his obligations led to the plaintiff's file falling for 30 years, which caused the plaintiff to have a corresponding problem.

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According to the relevant regulations, archives can not be handed over to individuals.

Therefore, even if the defendant has said that the employees are removed from their own files, the defendant is also a violation of the rules.

Now Chen Huajie claims compensation for the loss caused by the loss of archives, which is in conformity with the law, and the court supports it.

However, the amount demanded by Chen Huajie is too high, and the specific amount of compensation shall be discretionary by the defendant according to the extent of the defendant's fault and Chen Huajie's damage.

Recently, the court made the above judgment in accordance with the provisions of the Seventy-eighth and seventy-ninth provisions of the labor law of the People's Republic of China, and the company failed to fulfill its statutory obligations in accordance with the judgment.

Chen Huajie submitted an application for enforcement to the court on 20 September 2016. The court executed the executive judge and the company for several times. He explained the reason and interests of the court, and finally the company paid 60 thousand yuan.