Archives Transfer Issue 20, Archives Transfer Issue

1. If you resign, you should notify the hospital in writing 30 days in advance before leaving, and you can leave after 30 days regardless of whether the hospital approves it.

2. The hospital does not have the right to card your file, and within 15 days after your resignation in accordance with the legal procedures, the hospital shall handle the evidence of termination of labor relations, transfer of social security and files for you.

3. If the hospital withholds your file, you can file a complaint with the labor inspection department where the hospital is located or file a labor arbitration.

There is no right to withhold personal files. You need to negotiate with their leaders, and if necessary, there will be some blood.

There is no entitlement card to your file.

Article 3 of the General Office of the Ministry of Labor's "Reply to Several Policy Issues Concerning the Handling of Labor Dispute Cases" Lao Ban Fa (1994) No. 322 stipulates that "after an employee is dismissed, removed or dismissed, the practice of the enterprise not giving me a notice or certificate or transferring the file to the unemployment insurance department does not conform to the spirit of Article 20 of the Regulations on Rewards and Punishments for Employees of Enterprises, Article 4 of the Interim Provisions on the Dismissal of Employees with Violations of Discipline by State-owned Enterprises, and Articles 2 and 11 of the Provisions on Unemployment Insurance for Employees of State-owned Enterprises." If a labor dispute arises as a result of the employee's inability to enjoy unemployment insurance benefits, the arbitration commission shall accept it in accordance with Article 2, Paragraph (1) of the Regulations on the Settlement of Labor Disputes in Enterprises. The enterprise shall be responsible for compensating for the economic losses caused to the other party. ”

1. How to transfer files.

1. The file transfer method is as follows:

1) Issue the "Personnel Relations and Archives Acceptance Letter" and affix the official seal;

2) Fill in the "Registration Form for Business Investigators";

3) Check the computer information of personnel relations, confirm the payment of personnel expenses owed after the case, and affix the official seal in the opinion column of the competent department in the registration form;

4) transfer the portfolio to the General Services Office;

5) Affix the official seal in the "Registration Form" to call out the unit's opinion column;

6) Issue a letter of introduction;

7) Stamped with the official seal of the opinion column of the transferred department on the registration form;

8) Transfer the sealed file bag to the Talent Acceptance Service Center and affix the official seal on the Registration Form.

2. Legal basis: Article 8 of the Interim Provisions on the Management of Personnel Files of Mobile Personnel.

The talent flow service organization shall issue a file adjustment letter to the original unit of the mobile personnel with the effective documents of personnel flow in accordance with the relevant national policies and regulations, and the original unit shall transfer the personnel files of the mobile personnel to the talent mobility service agency along with the file transfer notice within 15 days of receiving the file adjustment letter. The personnel files of the mobile personnel transmitted must be complete and complete, and the materials shall not be withheld or transferred out in batches. After the talent mobility service organization is verified and correct, it shall promptly return the receipt of the file transfer notice to the original unit.

If the talent mobility service organization finds that the transferred dossier materials are incomplete or unclear, it shall request the original unit to complete or check clearly.

Article 9. The personnel files of mobile personnel shall be transferred through confidential transportation or sent by special personnel, and shall not be mailed or exchanged by the personnel themselves. The personnel files brought by the migrants themselves shall not be accepted by the talent mobility service institutions.

Article 10. When a talent mobility service agency takes over the personnel files of mobile personnel, the mobile personnel or their current unit must go through the formalities of entrustment and archiving. The talent mobility service agency shall sign a file management contract with the mobile personnel or their current unit, and the contract shall specify the rights and obligations of both parties.

Article 11. The transfer procedures issued by the talent flow service institutions have the same effect as those issued by government agencies, state-owned enterprises and institutions. Organs, state-owned enterprises and institutions must present the transfer procedures issued by the talent mobility service agency before they can receive the personnel files of floating personnel.

2. How to transfer personal files to other places.

1. First of all, determine whether the personal file needs to be transferred;

2. If you can't find a job in the local area and don't have a work unit, you can transfer your personal file to the local labor and social security center, which has a collection agency, that is, the talent market;

3. Issue a certificate of acceptance from the local talent center;

4. Proof of transfer of files and archives;

5. Receipt after receiving the file.

First of all, it is necessary to have a receiving unit to issue a file transfer letter, and then bring the file transfer letter to the archive place, and then the archive will send a machine to the receiving talent.

Some people may not know how to open a file adjustment letter, if the receiving place is their own household registration place, they need to bring their ID card and the original or copy of the household registration book (this should be decided after consulting the talent in the place of household registration) to the talent center of the county-level city or district human resources and social security bureau to handle the file adjustment letter.

Tips: Don't put the file in your own hands, otherwise you can't handle the postgraduate entrance examination, civil service career editor, settlement, retirement audit and other related matters. If you are in a hurry to handle things and can't wait for confidential time, you need to communicate with the talent center of the archive and the receiving place to get permission before you can handle it.

Here's how to transfer files:

1. First of all, determine whether the personal file needs to be transferred; If you have worked in the field for a few years and then come back to the local area, but you have not found a job; At this time, the personal file relationship can be temporarily transferred without transferring, and after finding a job and having a new work unit, the personal file can be transferred from the field;

2. If you can't find a job in the local area. If there is no work unit, the files of personal disturbance can be transferred to the local labor and social security center, that is, the talent market; There are collection agencies here; This is for the future when applying for pension insurance, when going through retirement procedures, personal files will be used, so when there is no unit, it will be transferred to the local talent center;

3. Issue a certificate of acceptance from the local talent center; Before the transfer of personal files, it is necessary to have a receiving unit, and if there is no work unit, a receipt certificate will be issued in the talent center, which will indicate the name and detailed address of the receiving unit, and have the seal of the unit, ID number and personal signature; This proof of acceptance is then sent to the original place of work in the field;

4. Proof of transfer of files and archives; When the original unit receives the local "file receipt certificate", it will send the personal file information and the transfer certificate to the local receiving unit, which is the talent market, and the household registration must be local; Archive mailing is encrypted and takes 20 days;

5. Receipt after receiving the file. After the files of a few scattered people are sent back from other places, they will receive the details of the personal files and the certificate of transfer, and there is also a column for the receipt of receipt; Stamp and sign this receipt with the new employer's seal, sign it, and date it, and mail it to the original employer; After the acknowledgment of receipt is received by the original unit, the entire file transfer process is completed.

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File transfer: 1. Before the transfer of personal files, there needs to be a receiving unit.

2. If there is no work unit, the talent center can issue a certificate of acceptance.

3. Send this proof of acceptance to the original work unit.

4. And the unit can be stamped with the official seal.

China's archives law stipulates that the principle of unified leadership and hierarchical management shall be implemented in archives work, so as to maintain the integrity and security of archives and facilitate the use of all aspects of society. All state organs, armed forces, political parties, organizations, enterprises, public institutions, and citizens have the obligation to protect archives and enjoy the right to use archives in accordance with the law.

Legal basis. Article 4 of the Archives Law of the People's Republic of China implements the principle of unified leadership and hierarchical management in archives work, maintains the integrity and security of archives, and facilitates the use of all aspects of society.

Article 5 of the Archives Law of the People's Republic of China All state organs, armed forces, political parties, organizations, enterprises, public institutions and citizens have the obligation to protect archives and enjoy the right to use archives in accordance with law.

The way for the file to be transferred from the talent market to the work unit is as follows: the person concerned goes to the receiving unit to open a file adjustment letter. With the archive contract, the file adjustment letter and the ID card of the handling personnel to our center to adjust the file. Staff inquire about files. Registration and transfer of files.

Article 8 of the Interim Provisions on the Management of Personnel Files of Floating Personnel Service Institutions shall issue a letter of adjustment to the original unit of the mobile personnel with valid documents that comply with the relevant national policies and regulations, and the original unit shall transfer the personnel files of the mobile personnel with the file within 15 days of receiving the transfer letter, and shall not withhold the materials or transfer them out in batches. After the talent flow service agency was reviewed and corrected, Qi Pei promptly returned the receipt of the file transfer notice to the original unit. If the old bureau of the talent flow service machine finds that the transferred dossier materials are incomplete or unclear, it shall request the original unit to complete or check clearly.

File transfer process: Before the transfer of personal files, there needs to be a receiving unit, if there is no work unit in the buried aftermath, a receipt certificate will be issued in the talent center, which will have the name and detailed address of the receiving unit, and the seal of the unit, ID number and personal signature; This proof of acceptance is then sent to the original place of work in the field; When the original unit receives the local "file receipt certificate", it will send the personal file information and the transfer certificate to the local receiving unit, which is the talent market, and the household registration must be local; Archive mailing is encrypted and takes 20 days;

After the individual's file is sent back from other places, you will receive the details of the personal file and the certificate of transfer, and there is also a column for the receipt of receipt; Stamp and sign this receipt with the new employer's seal, sign it, and date it, and mail it to the original employer; After the acknowledgment of receipt is received by the original unit, the entire file transfer process is completed. Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China (2012 Revision) [Obligations of both parties after the dissolution or termination of the labor contract] The employer shall issue a certificate of dissolution or termination of the labor contract when Bi Min dissolves or terminates the labor contract, and shall go through the procedures for the transfer of files and social insurance relations for the hand liquid branch worker within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer is required to pay economic compensation to a worker in accordance with the relevant rules of this Law, it shall be paid at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.