We include the employee's personal file in the basic personnel documentation. However, this employee file does not have a legally prescribed form, and we do not know what its content should be. Article 11 of Act No. 311/2001 Coll. of the Labor Code, "the employer may collect only personal data about the employee that is related to the employee's qualifications and professional experience and data that may be relevant to the work that the employee is to perform, is performing, or has performed."
However, the personal file does not end with the termination of the employee's employment. According to the Archives and Registries Act No. 395/2002, a personal file is a registry record that is part of the employer's registry.
An employee's personal file therefore usually contains all the necessary documents relating to their employment relationship with the employer, files on the course of this relationship and its termination.
Based on the above, the following can be included in an employee's personal file:
- job application,
- curriculum vitae
- personal questionnaire
- records from the selection interview and notification of the result
- employment contract
- addenda to the employment contract
- agreement on material liability
- agreement on further training
- confirmation of employment
- work assessment,
- job description and job specifications,
- employee's statement expressing consent to the processing of personal data for labor law purposes, or employee's statement expressing consent to business travel,
- agreement on salary and wage conditions,
- confirmation of initial information – work rules, collective agreement, OHS and fire safety training (including signed record),
- registration form (application, change, deregistration),
- notification of change of personal data,
- exit form,
- notice of breach of work discipline,
- request for termination of employment/notice of termination,
- delivery note confirming receipt of notice of termination,
- any other additional documents.
It is important to know that every employee has the right to inspect their own personal file, as well as to make copies and extracts. This right gives employees control over what data their employer collects about them.
However, not all data may be included in an employee's file. The sensitivity of some data may cause economic and social harm to the employee, and such data may also be a source of discrimination. This so-called prohibited dataincludes:
- information about pregnancy – this information may not be requested in pre-contractual relationships, i.e. before the conclusion of an employment relationship,
- family circumstances,
- integrity, except in the case of work for which integrity is required by a special regulation or if the nature of the work to be performed by the individual requires integrity,
- political, professional, or religious affiliation,
- information revealing health status and the processing of unique genetic and biometric data for the individual characteristics of a natural person,
- data revealing sexual life or sexual orientation,
- national, racial or ethnic origin or membership in various organizations,
- data expressing political opinions, religious or philosophical beliefs.
For example, employee photographs no longer belong to the special category of personal data known as sensitive personal data, but they may still only be processed with the employee's consent. In addition, birth numbers andhandwritten signatures are no longer included in this category.
PERSONNEL AGENDA
Personnel agenda is also recorded in the employee's personal file. This agenda is created when:
- employment is established, the agreed terms of employment are changed, and employment is terminated – employment contract, agreement on changes to the employment contract, supplement to the employment contract, termination letters, credit sheets
- provision of basic personal data – questionnaire
- fulfilment of reporting obligations to the Social Insurance Agency and health insurance companies – registrations, deregistrations, changes
- implementation of employee training – occupational health and safety, initial and periodic
- resolution of matters related to employment – material liability, breach of work discipline.
PAYROLL AGENDA
Unlike the personnel agenda, the payroll agenda should be kept separately. Payroll agenda has its own specific features, such as a different retention period in the registry center than the personnel agenda, it is subject to different supervisory authorities, and the fact that payroll agenda is often performed by other employees (payroll accountants). An exception is an agreement on wage conditions, which is a mandatory part of an employment contract.
Payroll administration includes:
- calculation of wages,
- calculation of average earnings for labor law purposes,
- records of vacation, records of limited paid leave under the Labor Code (doctor's appointments, or other paid leave),
- records of sick leave, nursing care, and absences,
- recording deductions from the wages of individual employees,
- creating and recording payroll sheets and pay slips,
- sending wages to employees' personal accounts,
- sending contributions and taxes to the accounts of individual institutions and reporting them (annual, monthly)
- issuing various certificates (certificate of taxable income, certificate for sickness benefits, any other certificate of income at the employee's request),
- creating pension insurance records for the social insurance company.
The employee's consent is not required to create a personal file and keep records of the course of employment. However, the employer should ensure that it is clear and obvious to each employee how their personal data will be further processed.
Responsibility and accuracy in creating employee personal files and personnel records should be an automatic obligation for all HR professionals. Their important task is not only to provide complete and accurate information during the employment relationship, but also after its termination.
