Personal files in electronic form - is it allowed?

Service

One of the basic obligations of the employer under Art. 94 point 9a of the Labor Code is to keep documentation in matters related to the employment relationship. It is mainly about the employee's personal file. How should folders be kept and what are the acceptable forms of their storage? We answer below.

What employment documents should the employer keep?

It follows from the Labor Code and its implementing acts that the employer is obliged in particular to:

  • creating and keeping separate personal files for each employee;

  • keeping records of suspected occupational diseases, occupational diseases, accidents at work and accidents on the way to and from work, as well as benefits related to these diseases and accidents;

  • keeping a timesheet;

  • a record sheet for the allocation of work clothing and footwear and personal protective equipment, as well as payment of a cash equivalent for the use of own clothing and footwear, as well as their washing and maintenance,

  • storing payroll, payroll cards or other evidence on the basis of which the basis for the calculation of the old-age or disability pension is determined, for a period of 50 years from the date of termination of work by the insured person for a given payer.

Important!

The employer is obliged to keep the employee records in safe conditions, otherwise there are offenses against employee rights.

Form of keeping files

In the current legal state, personal files can only be kept in paper form. Enterprises that decide to keep records in electronic form must also have documents in traditional form.

Employees' personal files - work on changing regulations

This issue was related to interpellation no. 354 on the principles of archiving employee documentation. The then minister of labor and social policy stated in response that despite long-term work on creating a form legally permissible in labor relations, the ministry was not ready to implement such solutions, because there were a number of risks related to the admission of electronic form of document storage.

Among the most important threats, the minister lists:

  • no legal regulations ensuring the protection of personal data,

  • no guarantees in court procedures,

  • costs and nuisance related to the transition from paper to electronic form.

Due to the above, the possibility of storing employee documentation in electronic form was finally abandoned.

Currently, the provisions do not provide for personal files to be kept and archived in electronic form.

However, employers more and more often try to create the so-called e-folders, i.e. storing employee documentation in electronic form.On the one hand, it is justified due to the significant technological progress, on the other, however, it should be noted that the change from paper to electronic form of document storage entails a change not only in the area of ​​activity of the minister of labor and social policy, but also requires systemic changes in the field of activities of the minister of administration and digitization, the minister of culture and national heritage and the minister of justice.