What Obligations Should The Unit Attach When Relieving The Employee'S Labor Contract?

The fiftieth provision of the labor contract law stipulates that the employer should issue a proof of termination or termination of the labor contract when it terminates or terminates the labor contract, and pfers the files and social insurance relations to the laborers within fifteen days.

(1) a certificate of termination or termination of a labor contract shall be issued to the laborer when the labor contract is terminated or terminated.

It is very important for laborers to terminate or terminate the labor contract. In practice, many employers are required to provide proof of termination or termination of labor contracts with the original employer when recruiting employees. No termination or termination of labor contracts has a great impact on the employment of laborers.

In addition, the termination or termination of labor contract certification is also a necessary condition for workers to register unemployment.

The eighty-ninth provision of the labor contract law stipulates that the employer fails to issue written proof of termination or termination of the labor contract to the laborers in violation of this law, which shall be ordered by the labor administrative department to correct it, and the worker shall be liable for damages if he causes damage to the worker.

(2) to pfer workers' files and social insurance relations within fifteen days.

In practice, many employers refuse to handle the pfer of archives and social insurance for workers after the termination or termination of labor contracts. The labor contract law clearly stipulates that workers shall terminate or terminate the labor contract according to law. If the employing unit detains workers' files, the Ministry of labor administration shall order the workers to refund the workers within a prescribed time limit, and impose a fine of below five hundred yuan and two thousand yuan per person.

Mr. Cheng, who was sentenced in 1976 for fighting and fighting, was expelled from the equipment factory in 1976 and released from prison in 1985.

In September 2003, Mr. Cheng asked the equipment factory to pfer his personnel files.

On the 22 day of the month, the equipment factory pferred Mr. Cheng's personnel files to the sub district office.

In April 26, 2004, Mr. Cheng applied for the labor dispute arbitration with the equipment factory as the defendant.

The labor dispute arbitration committee ruled that the loss caused by the failure to shift the equipment factory to Mr. Cheng was more than 1.6 yuan.

When the equipment factory refused to accept the arbitration award, it was sued to the court of first instance in July 2004, saying that Mr. Cheng did not take the initiative to contact the unit, and the unit did not know its whereabouts.

The responsibility for the late pfer of files should be borne by Cheng, and he did not agree to pay for the loss of more than 1.6 yuan due to his failure to shift in time.

Mr. Cheng also refused to accept the arbitral award and counterclaim that he was unable to obtain employment after he was released from prison in January 1985, and the equipment factory replied that there was no file.

In September 2003, he went back to the factory to find files again, and the equipment factory pferred to the street office on the 22 day of the month by telephone.

The equipment factory is required to compensate for the unemployment loss 90 thousand yuan from January 1985 to September 2003, and the unemployment insurance loss 8964 yuan, to make up for the endowment insurance, unemployment insurance and medical insurance during this period, and to pay the social insurance premiums from January 1992 to September 2003.

After hearing the judgment, the court of first instance refused to accept the case and appealed to the second middle court.

According to the trial of the second middle court, the employer must fulfil the obligation to pfer the employee's archives formalities in time when he terminates the labor relationship with the employees.

The equipment factory shall bear corresponding responsibilities for failing to turn out Mr. Cheng's Archives in time.

Because the equipment factory did not turn Mr. Cheng's archives out in time, Mr. Cheng would be adversely affected by employment and social insurance, and the equipment factory should give appropriate compensation.

Accordingly, the above decision was made.

Article eighteenth of the regulations on the management of employees' archives of enterprises stipulates that the pfer, resignation, dissolution or dismissal of an enterprise worker shall be pferred to the new work unit or the street labor (organization and personnel) department in the place where the employee is located within one month.

Workers are reformed through labor and labour, and their original units are ready to employ in the future. Their files are kept by their original units.

The fifteenth provision of the Beijing unemployment insurance stipulates that: "within 7 days from the date when the Employee terminates or relieves labor or work relations, the employing unit shall record the list of the unemployed persons in the District Social Insurance Agency for record, and within 20 days from the date of termination or termination of labor or work relationship, the employee's files shall be pferred to the social insurance agency in the area where the employee is registered."

The thirty-first provision stipulates that "employers do not pay unemployment insurance premiums according to the regulations, or do not pfer the archives relationship to the unemployed in time, so that the unemployed can not enjoy unemployment insurance benefits or affect their re employment. The employer should compensate the loss caused to the unemployed."

The equipment factory did not turn out Mr. Cheng's Archives in time, and the court decided that it was right to assume the liability of compensation.

     【操作指引】 

According to the provisions of the labor contract law, when the employer terminates or terminates the labor contract, it shall voluntarily issue a proof of the termination or termination of the labor contract, and shall, within 15 days, handle the pfer of the archives and social insurance relations for the laborers.