【英文专栏】员工档案丢失，用人单位承担责任吗？
According to Article 7 of the Archives Law of PRC "Archive department of institutions, organs, organizations, enterprises and other organizations shall be responsible for keeping their own archives, which should be supervising and guiding the archives work of their affiliated institutions." It can be seen that organs, enterprises and institutions are obligatory to take care of labors' archives. If they fail to fulfill their custody obligations, they shall be bear relevant legal responsibility.
Labors' archives are the comprehensive express their work performance history, ideological growth history, moral style and ability performance, every part of their content has personality content. Therefore, it’s a kind of compound personality right, which has the characteristics of reputation right, identity right and so on. The company loss archive is mean to infringes on the "personal rights and interests" of employees. According to Article 2 of the Tort Liability Law, infringement of civil rights and interests shall be liable for infringement. Therefore, the employer should bear the corresponding responsibility for the loss of staff personnel archives.