We classify an employee’s personal file as part of basic personnel documentation. However, this employee file does not have a form prescribed by law, and we are therefore not informed as to what its contents should be. Article 11 of Act No. 311/2001 Coll. of the Labor Code, it follows that “an employer may collect only those personal data about an employee that relate to the employee’s qualifications and professional experience, and data that may be relevant to the work the employee is to perform, is performing, or has performed.”
However, an employee’s personnel file does not end with the termination of their employment. According to the Act on Archives and Records Management No. 395/2002, a personnel file is a record that forms part of the employer’s records management system.
An employee’s personnel file therefore typically contains all necessary documents pertaining to their employment relationship with the employer, as well as records regarding the course of that relationship and its termination.
Based on the above, the following may be included in an employee’s personnel file:
- job application,
- resume,
- personal questionnaire,
- records of the job interview and notification of the result,
- employment contract,
- amendments to the employment contract,
- agreement on financial liability,
- agreement on further training,
- certificate of employment,
- performance review,
- job description and position specifications,
- employee declaration consenting to the processing of personal data for labor-law purposes, or an employee declaration consenting to business travel,
- agreement on wages and wage conditions,
- confirmation of onboarding information – work rules, collective agreement, occupational safety and health (OSH) and fire safety training (including a signed record),
- employee registration form (application, change, resignation),
- notification of changes to personal data,
- exit form,
- notice of violation of work discipline,
- request for termination of employment/notice of termination,
- acknowledgment of receipt confirming delivery of the notice of termination,
- and any other relevant documents.
It is important to know that every employee has the right to inspect their own personal file, and may also make copies and obtain extracts and transcripts. This right ensures that the employee can verify what data the employer collects about them.
However, not all data may be included in an employee’s file. The sensitivity of certain data may cause economic and social harm to the employee, and such data may also lead to their disadvantage. This so-called prohibited data includes:
- information regarding pregnancy – this information may not be requested in pre-contractual relationships, i.e., prior to the conclusion of an employment contract,
- family circumstances,
- criminal record, except in cases where the job requires a clean criminal record under a special regulation, or where the nature of the work to be performed by the individual necessitates such a requirement,
- political, professional, or religious affiliation,
- information revealing health status and the processing of unique genetic and biometric data pertaining to 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.
As for, for example, an employee’s photograph, it no longer falls under the special category of personal data known as sensitive personal data; however, it may still only be processed with the employee’s consent. In addition, birth numbers and handwritten signatures no longer fall into this category.
PERSONNEL RECORDS
Personnel records are also recorded in an employee’s personal file. This agenda is created upon:
- the establishment of an employment relationship, a change in the agreed terms of the employment relationship, and the termination of the employment relationship – employment contract, agreement on amendment to the employment contract, addendum to the employment contract, termination letters, credit sheets
- the provision of basic personnel data – questionnaire
- ensuring compliance with reporting obligations to the Social Insurance Agency and health insurance companies – registrations, deregistrations, changes
- conducting employee training – occupational health and safety, initial, periodic
- resolving matters related to the employment relationship – material liability, breaches of work discipline.
PAYROLL ADMINISTRATION
Unlike personnel administration, payroll administration should be managed separately. Payroll records have their own specific characteristics, such as the fact that they have a different retention period in the records management center than personnel records, are subject to different regulatory bodies, and are often handled by different employees (payroll accountants). An exception is the agreement on wage conditions, which is a mandatory part of the employment contract.
Payroll administration includes:
- payroll calculation,
- calculation of average earnings for labor law purposes,
- recording of vacation time, recording of limited paid leave under the Labor Code (medical treatment or other paid leave),
- recording of sick leave, nursing leave, and other non-working periods,
- recording of payroll deductions for individual employees,
- creation and recording of payroll sheets and pay stubs,
- transfer of wages to employees’ personal accounts,
- transfer of contributions and taxes to the accounts of individual institutions and their reporting (annual, monthly)
- issuing various certificates (certificate of taxable income, certificate for sickness benefit purposes, any other income certificate upon the employee’s request),
- preparing pension insurance records for the Social Insurance Agency.
The employee’s consent is not required to create a personnel file and maintain records of employment history. However, the employer should ensure that it is clear and obvious to every employee how their personal data will be further processed.
Responsibility and precision in creating an employee’s personal file, as well as in managing personnel records, should be an automatic obligation for all HR professionals. Their important role is not only to provide complete and accurate information during the employment relationship, but also after its termination.
