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The loss of personnel files triggered a million yuan compensation lawsuit.txt
Loss of personnel files triggered a million yuan compensation lawsuit on line recommendation reporter weblog make contact with reporter □ reporter Zhang Jie Li Pengfei correspondent Xin Shuang
Basic case
Mr. Wang Lao, 67 years old, joined a technology firm in Henan in May well 1996 and served as the general manager. The unit accidentally lost his personnel file, which triggered Mr. Wang Lao to not love the relevant social safety therapy to get a lengthy time. On December 9, 2013, the company issued a certificate for Mr. Wang Lao, stating: 'My company employee Wang Moumou lost his files due to improper custody in the business, which made him unable to retire.' After this, Mr. Wang Lao went to court to go over the statement , Requested the court to order a Henan Science and Trade Co., Ltd. to pay a one-time pension of 600,000 yuan, and requested that the technologies organization give one particular million yuan in residence compensation to itself.
Controversial focus
A Henan Science and Technology Co., Ltd. believes that the unit has no personnel file management authority and management obligations, and has not kept Mr. Wang Lao's files. Moreover, free hard drive data recovery software to prove that the labor connection and operating time, also as the individual pension insurance period have already been accumulated for 15 years. Each are indispensable. The loss of Mr. Wang’s personnel file is not the only situation for retirement, and he requests to dismiss his lawsuit.
Verdict
Lately, the court of Erqi District of Zhengzhou City produced a judgment. Mr. Wang requested the unit to spend a one-time compensation of 600,000 yuan for the pension insurance. data recovery software for windows 7 did not help it. Mr. Wang requested the firm to supply 1 million yuan in residence compensation. There is certainly no legal basis for the court. No help; a Henan Science and Technology Co., Ltd. paid Mr. Wang Lao 50,000 yuan because of the loss of files inside ten days in the successful date of this judgment. Immediately after the verdict, neither celebration appealed.
Comprehensive evaluation
The best way to guard the rights of file transfer or loss
Judge Li Xiaoli of your Erqi District Court of Zhengzhou City believes that if the personnel file is lost, labor arbitration may be carried out. When the employee reaches the legal retirement age, the unit needs to submit the employee file when going towards the relevant social security department for retirement approval procedures. The verified predicament, such as the social insurance's deemed payment period, also needs to be verified through a personal file. Inside the event of damage and loss in the employee files of your unit, the management division need to bear the corresponding legal duty.
Short article five with the Interpretation on the Supreme People’s Court on Quite a few Troubles Regarding the Application of Law within the Trial of Labor Dispute Situations (2) gives that “after the laborer plus the employer have terminated or terminated the labor partnership, the employer shall be essential to return the labor contract deposit, security deposit, The disputes arising from mortgages and collaterals, or the disputes arising from the transfer procedures of laborers’ personnel files, social insurance coverage relations, and so on., shall be accepted by the people’s court if the parties file a lawsuit soon after arbitration by the Labor Dispute Arbitration Commission.” Consequently, in the event the labor arbitration division refuses to accept the case or the worker refuses to accept the arbitration ruling, the dispute of file transfer or loss shall be handled as a labor dispute case.
Why the appeal of 1.six million yuan only supports 50,000 yuan?
Li Xiaoli introduced that the personnel file is an significant document that citizens should have to obtain employment qualifications, pay social insurance coverage, and delight in relevant remedy. The defendant, a science and technology business in Henan, as an enterprise and institution that preserves archives, violated the legal regulations on the proper preservation of archives and lost the archives, causing plaintiff Mr. Wang Lao to not generally love the relevant pension insurance coverage treatment, and should really bear corresponding civil liabilities. Even so, the loss of personnel files isn't impossible to undergo the retirement procedures, and Mr. data recovery software free download has not provided evidence to prove that there is certainly no possibility to finish the file procedures. Therefore, it requested the unit to compensate the pension insurance coverage fund for 600,000 yuan at a time, as well as the evidence was insufficient, and also the court didn't assistance it. Nonetheless, simply because the company's loss from the archives features a particular impact around the enjoyment of relevant labor treatment in addition to a specific loss, the court will deliver 50,000 yuan in compensation for the related fees of supporting the re-application from the archives.
Mr. Wang also issued his own selection to share the unit using the court, proving that the enterprise had agreed to provide Mr. Lao a house worth greater than 1 million yuan, however the company lastly sold it devoid of any compensation. A technology enterprise in Henan believes that the so-called 'decision to share a house' has no enterprise seal and is just not a choice of your company's shareholders' meeting. So far, Mr. Wang Lao has no evidence to prove that the unit's housing will be the welfare added benefits that really should be paid to him. Because of the sufficient proof, the court refused to accept the validity of the choice to share the house. Hence, Mr. Wang Lao's claim is 1 million yuan in residence compensation, which has no legal basis as well as the court won't assistance it.
Basic case
Mr. Wang Lao, 67 years old, joined a technology firm in Henan in May well 1996 and served as the general manager. The unit accidentally lost his personnel file, which triggered Mr. Wang Lao to not love the relevant social safety therapy to get a lengthy time. On December 9, 2013, the company issued a certificate for Mr. Wang Lao, stating: 'My company employee Wang Moumou lost his files due to improper custody in the business, which made him unable to retire.' After this, Mr. Wang Lao went to court to go over the statement , Requested the court to order a Henan Science and Trade Co., Ltd. to pay a one-time pension of 600,000 yuan, and requested that the technologies organization give one particular million yuan in residence compensation to itself.
Controversial focus
A Henan Science and Technology Co., Ltd. believes that the unit has no personnel file management authority and management obligations, and has not kept Mr. Wang Lao's files. Moreover, free hard drive data recovery software to prove that the labor connection and operating time, also as the individual pension insurance period have already been accumulated for 15 years. Each are indispensable. The loss of Mr. Wang’s personnel file is not the only situation for retirement, and he requests to dismiss his lawsuit.
Verdict
Lately, the court of Erqi District of Zhengzhou City produced a judgment. Mr. Wang requested the unit to spend a one-time compensation of 600,000 yuan for the pension insurance. data recovery software for windows 7 did not help it. Mr. Wang requested the firm to supply 1 million yuan in residence compensation. There is certainly no legal basis for the court. No help; a Henan Science and Technology Co., Ltd. paid Mr. Wang Lao 50,000 yuan because of the loss of files inside ten days in the successful date of this judgment. Immediately after the verdict, neither celebration appealed.
Comprehensive evaluation
The best way to guard the rights of file transfer or loss
Judge Li Xiaoli of your Erqi District Court of Zhengzhou City believes that if the personnel file is lost, labor arbitration may be carried out. When the employee reaches the legal retirement age, the unit needs to submit the employee file when going towards the relevant social security department for retirement approval procedures. The verified predicament, such as the social insurance's deemed payment period, also needs to be verified through a personal file. Inside the event of damage and loss in the employee files of your unit, the management division need to bear the corresponding legal duty.
Short article five with the Interpretation on the Supreme People’s Court on Quite a few Troubles Regarding the Application of Law within the Trial of Labor Dispute Situations (2) gives that “after the laborer plus the employer have terminated or terminated the labor partnership, the employer shall be essential to return the labor contract deposit, security deposit, The disputes arising from mortgages and collaterals, or the disputes arising from the transfer procedures of laborers’ personnel files, social insurance coverage relations, and so on., shall be accepted by the people’s court if the parties file a lawsuit soon after arbitration by the Labor Dispute Arbitration Commission.” Consequently, in the event the labor arbitration division refuses to accept the case or the worker refuses to accept the arbitration ruling, the dispute of file transfer or loss shall be handled as a labor dispute case.
Why the appeal of 1.six million yuan only supports 50,000 yuan?
Li Xiaoli introduced that the personnel file is an significant document that citizens should have to obtain employment qualifications, pay social insurance coverage, and delight in relevant remedy. The defendant, a science and technology business in Henan, as an enterprise and institution that preserves archives, violated the legal regulations on the proper preservation of archives and lost the archives, causing plaintiff Mr. Wang Lao to not generally love the relevant pension insurance coverage treatment, and should really bear corresponding civil liabilities. Even so, the loss of personnel files isn't impossible to undergo the retirement procedures, and Mr. data recovery software free download has not provided evidence to prove that there is certainly no possibility to finish the file procedures. Therefore, it requested the unit to compensate the pension insurance coverage fund for 600,000 yuan at a time, as well as the evidence was insufficient, and also the court didn't assistance it. Nonetheless, simply because the company's loss from the archives features a particular impact around the enjoyment of relevant labor treatment in addition to a specific loss, the court will deliver 50,000 yuan in compensation for the related fees of supporting the re-application from the archives.
Mr. Wang also issued his own selection to share the unit using the court, proving that the enterprise had agreed to provide Mr. Lao a house worth greater than 1 million yuan, however the company lastly sold it devoid of any compensation. A technology enterprise in Henan believes that the so-called 'decision to share a house' has no enterprise seal and is just not a choice of your company's shareholders' meeting. So far, Mr. Wang Lao has no evidence to prove that the unit's housing will be the welfare added benefits that really should be paid to him. Because of the sufficient proof, the court refused to accept the validity of the choice to share the house. Hence, Mr. Wang Lao's claim is 1 million yuan in residence compensation, which has no legal basis as well as the court won't assistance it.
