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职工人事档案与职工切身利益息息相关,当前已有为数较多的涉及职工人事档案遗失的侵权责任诉讼,引起了大家对职工人事档案侵权事件的关注。本文结合《侵权责任法》的相关规定,通过对职工人事档案是否属于民事权益的范畴,单位遗失职工人事档案是否构成侵权,单位遗失职工人事档案侵权责任如何承担等几个问题的研究,浅析单位遗失职工人事档案侵权责任,并敦促各机关、团体、企业事业单位和其他组织妥善保管好职工人事档案,为维护职工合法权益、维护社会和谐稳定作出贡献。
The personnel files of staff and workers are closely related to the vital interests of the staff and workers. At present, there are a large number of litigation concerning infringement of liability concerning the loss of the personnel files of the staff and workers, which has aroused people’s concern over the infringement of staff personnel files. Based on the relevant provisions of “Tort Liability Law”, this paper studies and analyzes several issues such as whether the personnel file of a staff member belongs to the scope of civil rights and interests, whether the unit loses the personnel file of the staff and workers, and whether the unit loses the responsibility of tort liability of the personnel file of the staff and workers. The unit loses the responsibility of infringing the personnel files of the staff and workers, and urges all organs, organizations, enterprises, institutions and other organizations to properly keep the personnel files of the staff and workers and make contributions to safeguarding the legitimate rights and interests of employees and safeguarding social harmony and stability.