Labour law updates and recommendations

Changes in the way of keeping employees personnel files

A draft regulation of the Minister of Family, Labour and Social Policy on employee documentation has been posted on the website of the Government Legislation Centre. The draft proposes significant changes to the method and conditions of keeping and storing employees’ personnel records.

One of the key changes is the introduction of a new structure for personnel files, which – according to the draft regulation – should consist of four parts.

Under the current rules, employees’ personnel files have three parts:

(i) part A (documents related to the application for employment),

(ii) part B (documents related to the employment relationship and the employee’s conduct), and

(iii) part C (documents related to the termination of employment).

According to the proposed changes, employers will have to keep a fourth part of the personnel file, containing documents related to the employee’s incurring of procedural liability or liability specified in separate regulations.

The new regulations will also introduce changes to the principles of keeping employee records, including working time records, and will specify requirements for keeping and storing employee documentation in electronic form.

The new regulation will probably enter into force on 1 January 2019. In relation to its adoption, we recommend that employers adjust their internal policies for keeping employee records. Under  the transitional provisions, employers will have six months from the date of entry into force of the new regulation to adjust the policy in question.