🔹 Introduction
Personal files are the fundamental employee documentation that an employer must maintain for every person employed under a labor contract. Their maintenance and archiving are strictly regulated by law – including the regulation of the Minister of Family and Social Policy.
🔸 1. Legal Basis
- Labor Code – Art. 94 point 9b, 94¹
- Regulation of the Minister of Family and Social Policy from December 10, 2018 on employee documentation (Journal of Laws 2018 item 2369, as amended)
- Act on the National Archival Resource and Archives
- GDPR – personal data protection in files
🔸 2. Who is required to maintain personal files?
📌 Every employer – regardless of the size of the company or legal form – is required to maintain personal files for every employee employed under a labor contract.
❗ The obligation does not apply to:
- contractors,
- persons on a work contract (for whom documentation related to GDPR and payments is maintained, but not personal files).
🔸 3. Structure of personal files – 4 parts
As of January 1, 2019, personal files are divided into four parts:
- A - Documents related to the establishment of the employment relationship (e.g., CV, questionnaire, employment certificates, referral for medical examination, contract)
- B - Documents concerning the course of employment (e.g., contract changes, annexes, disciplinary penalties, medical certificates, training)
- C - Documents regarding the termination of employment (e.g., termination, agreement, employment certificate, request for issuance of the certificate)
- D - Documents related to disciplinary penalties (removed after their expiration)
📌 Documents should be numbered, arranged chronologically, and labeled according to the regulation.
🔸 4. Form of maintaining files – paper or electronic
✅ Possible forms:
- paper – traditional personnel folder,
- electronic – using an IT system (compliant with the technical requirements specified in the regulation).
📌 Transition from paper to electronic form (or vice versa) requires the preparation of a protocol and certification of compliance with the original.
🔸 5. Period of document retention
🕓 Since 2019, there are two main rules:
The retention period for files from January 1, 2019 - 10 years
Before January 1, 2019 - 50 years, unless the employer submitted a ZUS RIA report
📌 There is also an obligation to destroy documentation after the retention period, if it has not been provided to the employee or archived.
🔸 6. Employee's right to files
An employee (current or former) has the right to:
- access their personal files,
- obtain copies (in paper or electronic form),
- request the issuance of documentation after the termination of employment.
📌 The employer should issue the documents within 30 days of the application submission (Art. 94¹ of the Labor Code).
🔸 7. Personal data protection
In maintaining personal files, the employer must comply with GDPR:
- access to files should be limited to the HR department only,
- the obligation to secure files against unauthorized access,
- the obligation to maintain the integrity and confidentiality of documents.
🔸 8. Consequences of violations
Lack of personal files - Fine from 1,000 to 30,000 PLN (Art. 281 of the Labor Code)
Unauthorized access to data -| GDPR sanctions – up to €20 million
Improper storage of documents - PIP order, monetary or judicial penalty
📚 Legal basis
- Labor Code – Art. 94, 94¹
- Regulation of the Minister of Family and Social Policy from 10.12.2018 on employee documentation
- GDPR – Regulation 2016/679
- Act on the National Archival Resource and Archives