Can File Relationship Deny Labor Relations?

The fifth provision of the archives management organization "Regulations on the management of enterprise staff archives" stipulates: "the staff files are managed by the labor (organization and personnel) functional organizations of the enterprises in which they are located. The comprehensive management department of archives should set up special personnel to manage staff archives. According to the provisions of this article, the archives of employees are managed by the enterprises in which they are located.

In April 2012, Lin signed a labor contract with a machinery company for a period of three years. After the expiration of the labor contract in April 2015, Lin did not agree to renew the contract with the company, and the labor contract terminated immediately. Because some debts of Lin and the company were not settled, the company did not transfer the files to them. In October 2015, Lin went back to the company. On the grounds of no transfer of archival relations and the fact that he and the company still maintained the fact of labor relations, he asked the company to reissue the basic living expenses of two years and pay all social insurance premiums. After being rejected, Lin came to the Xi'an Federation of trade unions petition room to consult relevant policies and regulations.

The relationship between labor relations and archives is a high rate of consultation among the trade unions during their visits. What is the difference between archival relations and labor relations? Is there any labor relationship in the existence of archival relationship?

I. labor relations refer to the use of labourers. Labor capacity In order to achieve social relations between employers and employers in the process of social labor. It can be seen that the main body of labor relations is composed of workers and employers. Labourers are also known as "workers", "workers" or "employees". Units, also known as employers, are often referred to as business owners, employers, employers, employers, etc. as workers, the primary obligation is to implement labor behaviors, accomplish their tasks and do well. Job The employer's obligation is to perform the payment of labor remuneration.

Two, file relationship exists in the era of planned economy. Archives are our personnel. Administrative management Foundation. Since there was no labor law in China for a long time after the founding of new China, the most important thing for workers to work from unit a to unit B is to transfer their personal files from unit a to unit B. The management system of "going along with others" has made an illusion to a considerable number of people: File relationship is labor relations. As long as files are in this unit, the unit should assume the responsibility of the employing unit stipulated in the labor law, even if he does not work in this unit. This understanding is wrong.

The archives only refer to the personnel files of the enterprise employees. The second article of the regulations on the management of enterprise staff archives provides a clear stipulation for the staff files of enterprises, that is, "the archives of the employees of enterprises are the documentation materials on the personal experience, political thoughts, technical level, work performance and work changes of the employees in the work of enterprises, organizations, personnel and other departments in recruiting, dispatching, training, assessing, rewarding, punishing, selecting and appointing."