The Unit Lost My Files And Could Not Manage To Retire.

Personnel files are important credentials for citizens to obtain employment qualifications, pay social insurance and enjoy relevant treatment.

I am a registered permanent residence in Beijing. I joined the village in 70s of last century and returned to Beijing in 1980.

Soon, I was recruited as a formal employee by a public institution in the city. I was sent to prison in 1983 and released in 1995.

At that time, in order to make a living, I went out to do business with my friends and returned to Beijing in recent years.

Because I had to do the retirement formalities, I went to the previously worked institutions to ask for personal files, but the other side told me that I could not find them.

They said that the unit had changed three office addresses, and every time they moved, they had to deal with some items, but they did not find my files.

Moreover, the unit has changed more than a dozen. Now, apart from three or four old workers, other employees and leaders have no idea that I have ever had such a worker, and they can not find a file.

But without files, I can't do the retirement formalities and get no pension.

What should I do now?

Hello, Beijing City High Court, Beijing labor and Social Security Bureau, "summary of the Symposium on the application of law on labor dispute cases", the forty-first provision stipulates that due to the fault of the employer, the file is delayed, and the worker requests the employer to compensate for the loss. The labor arbitration committee or the people's court is in the process of determining.

We can refer to Beijing's unemployment.

The provisions of the regulations and relevant policy documents; the laborers and the people's courts may, according to the provisions of the regulations and relevant policy documents, claim compensation from the employers for the loss of their files, and determine the amount of compensation according to the extent of the fault and the damage of the parties concerned, generally not exceeding sixty thousand yuan.

In order to safeguard your legitimate rights and interests, it is recommended that you apply for arbitration or litigation.

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In the process of labor dispute cases, there are generally three kinds of lawsuits which involve workers demanding payment of wages due to no annual leave.

First, it is erroneously believed that the general wage limitation should be applied to the wages paid by the laborers for unpaid annual leave, which means that the workers do not support the annual leave wages calculated over the past one year from the date of application for arbitration.

Non annual leave wages are labor remuneration. The provisions of the twenty-seventh and fourth paragraphs of the labor dispute mediation and Arbitration Law of the People's Republic of China shall apply to the special time limitation. That is, if disputes arise due to arrears of labor remuneration, the labor relations shall be terminated without limitation of time during the period of labor relations, and shall be submitted within one year from the date of termination.

That is, as long as the worker applies for arbitration within one year from the date of the termination or termination of the labor relations, the annual leave wages paid during the duration of the labor relations shall be supported.

Two, it is wrong to assume that the employer should bear the burden of proof in response to the fact that the worker has taken off the annual leave.

The existing legal and judicial interpretations do not specify the distribution of the burden of proof for the years off. According to the "wage payment regulations of Beijing", the employer should compile the wage payment record form according to the wage payment cycle, and keep it for at least two years for reference.

According to the principle of fairness and honesty and credibility, the objective of assessing the ability of the parties to give evidence can be objectively assessed. The employer should give proof of the situation that the worker has paid the annual leave within two years or has paid the annual leave to the laborer. The employee shall bear the burden of proof for more than two years.

Employers and workers refusing to give evidence or insufficient evidence, each bear the adverse consequences of proof.

Three, it is erroneously believed that workers who do not work for a full year as long as the new employers have not paid the annual leave pay.

The reply of the general office of the Ministry of human resources and social security on the implementation of the "measures for the implementation of annual leave for enterprise employees" has clearly pointed out that "third consecutive months of work for employees with paid annual leave" means that the workers have been working for more than 12 months, including the fact that the workers have been working in the same employer for more than 12 months, and that the workers have been working in different employers for more than 12 months.

Therefore, in the trial practice, we should pay attention to ascertain the work of the laborers before the new employers. If the laborers immediately start their employment after leaving the employment office, the workers should be paid annual leave instead of one size fits all if they continue to work for more than 12 months.