Study On The Treatment Of Workers Personnel Files Lost Dispute Legal System

The mechanism of dealing with the labor dispute was built by legal style formallysince Labor Law issued for enforcement in1994. Labor Dispute laws, regulations andjudicial interpretations gradually perfected, However, the mechanism for handlingdisputes involved in the personnel files of workers lost not clearly defined. This is theregulation of Beijing city "about the labor dispute case applicable law seminarsummary" is the Beijing municipal labor and Social Security Bureau and the BeijingMunicipal Higher People’s court in order to solve the labor dispute processing issuesand jointly held a labor dispute case applicable law seminar results.In recent years, with the rapid development of China’s social market economyand the deepening of the reform of enterprises, the frequent flow of talent caused thepersonnel file transfer frequency was increased, due to various reasons lead toemployee personnel files lost situation has occurred, the personnel archives lostdisputes becomes more and more complicated, the relevant laws and regulations,judicial interpretation has revealed many of the incomplete place. Because thepersonnel files for the individual is still of great significance, personnel files lost willaffect their employment, enjoy social insurance, endowment insurance and othersocial welfare, but when this kind of personnel archives lost dispute, be lost archivespeople seek judicial relief will often encounter a variety of problems.First of all, clear personnel archives meaning and personnel files systemproblems. Personnel file is a national institutions and social organizations in personnelmanagement activities, which reflect the personal experience, moral character,business performance, knowledge level, labor conditions, and archiving of personaldata.It is the organization of an important basis for personal use, and they are alsoimportant basis in the work, personal account pension, medical care, etc.. Because thepersonnel files system not synchronized with the social reform, the problems causedthe dispute legal program reviews personnel archives cause not smooth.Secondly, the personnel archives lost Disputes Legislation and existing problems.Based on the understanding of the existing relevant laws and regulations of ourcountry lost the dispute of the personnel files of that rule of law, to deal with thepersonnel files lost disputes exist the following problems: First, laws and regulationsvacancy caused the dispute processing can not go; two, case of fuzzy qualitative; three, the scope of accepting cases is not standard; four is the standard of compensation, theabsence of rules.Again, clear the labor personnel files lost disputes. Determination of personnelarchives lost dispute belongs to labor disputes under the current legal basis, practicaland theoretical basis, in accordance with the "labor dispute processing procedure ofarbitration to solve the dispute case". Finally, improve employee personnel files lostdispute legal system. In addition to the recent measures to deal with employeepersonnel files lost disputes, China has to deal with employee personnel files relatedto the legal system to improve the legislation and reform of the system of personnelarchives in China, so as to prevent the occurrence of such disputes, and properlyhandle the disputes happened.