In employment relationships, the employer not only has the right to set internal rules and organize activity, but also a series of strict legal obligations regarding the keeping and management of personnel documents. One of the most important is the preparation and retention of each employee’s personnel file.
Under the applicable legislation, every employer must prepare a personnel file for each person hired under an individual employment contract. The file must be kept in good condition at the employer’s registered office or at a secondary workplace, if hiring activity is carried out there, and must be presented to labour inspectors upon their request.
Contents of the personnel file
The employee’s personnel file must include at least the following documents:
- documents required for employment;
- the individual employment contract and any addenda;
- documents regarding the amendment, suspension, and termination of the employment contract;
- diplomas and professional qualification certificates;
- any other documents proving the legality and accuracy of the entries in the General Register of Employees.
Where the parties use an advanced or qualified electronic signature to sign employment contracts and addenda, the personnel file may also be prepared and kept in electronic format, in compliance with the rules on digital archiving and the protection of personal data.
Employee rights
The employee has the right to request, in writing, copies of the documents contained in their personnel file, and the employer is obliged to provide them within 15 working days from the date of the request. The documents must be issued as certified copies, true to the original.
Upon termination of employment, the employer must issue the employee a certificate attesting to the work performed, its duration, the salary, length of service (general and in the field/specialty), as well as an extract from the General Register of Employees.
Conclusion
Complying with the obligations related to preparing and keeping the employee’s personnel file is essential to ensure the employer’s legal compliance and to protect employees’ rights. Missing documents, delays in issuing them, or failure to properly fulfil these obligations may lead to administrative liability and cause prejudice both to the employer and to the employee.
To avoid potential sanctions and to ensure that internal procedures meet legal requirements, it is recommended to consult a lawyer specialized in labour law, who can provide guidance tailored to the specifics of your activity.
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