’Answer: Employers are rightfully obligated to provide a certificate of dissolution or termination of an employment relationship if the employment is dissolved or terminated, and to process the transfer of the employee¡¯s personnel file and social insurance. Employers should also keep employment contracts and wage payment records for at least two years after employees leave their jobs.1Paragraph 3 of Article 50 of the Employment Contract Law (employment contracts are kept for two years) and Article 9 of the Provisional Regulations on Wage Payment (wage payment records must be kept for two years).
According to article 8 and 18 of the Provisions on Management of Employee‘s Personnel Files, after employment relationship is established, employer bear the responsibilities of collecting, keeping, and receiving employees’ personnel files; after employment relationship terminates, employer is responsible to transfer employees‘ personnel files.
The purpose of the employee personnel file is to record the employee’s wage payment, leave entitlements, evaluation of employee performance, and all employee work information to help the employer manage the employee’s affairs and maintain legal compliance.
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- 1Paragraph 3 of Article 50 of the Employment Contract Law (employment contracts are kept for two years) and Article 9 of the Provisional Regulations on Wage Payment (wage payment records must be kept for two years).