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在计划经济年代,档案在很大程度上是劳动关系的标志。用人单位负有保管劳动者档案的义务。劳动者档案若被单位丢失,就相当于丢失了社保关系。因为劳动者的工龄、养老保险等一切都得凭档案说话。但是,在市场经济体制下,特别是1995年《劳动法》实施后,劳动合同成为判断劳动者与用人单位存在劳动关系最重要的依据。社会保障与缴纳社保金直接挂钩,档案与劳动关系的依存关系逐渐弱化,档案企业化逐渐被档案社会化代替,如由专门的人才机构或者职介替劳动者保管档案。然而,对于一些国有企业“老职工”而言,档案依然是判断“前半生”劳动关系的主要凭据。这就意味着,若企业不慎将劳动者档案丢失,劳动者恐怕不能“正常退休”。近些年来,有关企业职工档案的纠纷时有耳闻,本文中的“詹玉钱”正为此苦不堪言。
In the era of planned economy, the file is largely a sign of labor relations. The employer has the obligation to keep the files of laborers. If the worker’s file is lost by the unit, it is equivalent to losing the social security relationship. Because workers’ length of service, pension insurance and everything else have to file to speak. However, under the system of market economy, especially after the implementation of the “Labor Law” in 1995, labor contracts have become the most important basis for judging the existence of labor relations between laborers and employers. Social security is directly linked to the payment of social security payments, and the dependence relationship between archives and labor relations is gradually weakened. The enterpriseization of archives is gradually replaced by the socialization of archives. For example, archives are kept by archivists for specialized agencies or job agencies. However, for some state-owned enterprises, “old staff”, the files are still the main evidence to judge the labor relations in the first half of the year. This means that if a worker inadvertently loses a worker’s file, the worker may not be able to “retired normally.” In recent years, there have been reports of disputes over enterprise staff files. In this article, “Zhan Yuqian” is suffering from this.