Article 18 of the Regulations on the Management of Enterprise Employees' Files stipulates that when an enterprise employee transfers, resigns, terminates the labor contract or is dismissed or expelled, the unit to which the employee belongs shall hand over his file to his new work unit or the street labor (organization and personnel) department where his household registration is located within one month. Article 19 stipulates that the transferred files can be delivered by confidential means of transportation or sent by special personnel, and it is not allowed to be mailed or carried by myself; The transferred files must be registered in accordance with the uniform provisions of the Notice on the Transfer of Enterprise Staff Files, and sealed and packaged; Shall not detain or transfer the transferred materials in batches; The receiving unit shall sign and seal the receipt after receiving the document, and return the receipt immediately. If the transfer-out unit fails to receive the receipt within one month, it should ask in time to prevent it from being lost. The Letter on Issues Related to the Signing of Labor Contracts by Permanent Workers also clarifies that after the employer terminates the labor relationship with the employee, the employee's file shall be transferred to the employee's new receiving unit in time; If there is no receiving unit, it shall be transferred to the location of the employee's own account.
Legal objectivity:
Article 9 of the Archives Law of People's Republic of China (PRC)
Organs, organizations, enterprises, institutions and other organizations shall determine that archival institutions or archivists are responsible for managing the archives of their own units, and supervise and guide the archival work of their subordinate units. According to the needs of archives management, the central state organs shall guide the archives work of this system within the scope of their duties.
Article 12
Organs, organizations, enterprises, institutions and other organizations that should form archives according to state regulations should establish a responsibility system for archives work and improve the archives management system according to law.