E-personal files, the ability to keep employee records in digital form, are gaining popularity among employers. Electronic documentation saves the space required for paper files, but above all unifies operations within a single, complementary system. Will the digitisation of personnel files pay off for everyone, and what benefits for employees and contractors can be expected from its use? Let's see how it works in practice.
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Electronic personnel files - what do the entrepreneur and the employee of the company gain?
It is hard to deny that the role of electronic documentation has grown by leaps and bounds in recent years. This is partly the result of the global COVID-19 pandemic and the associated remote working, which has left lasting changes in very many areas of life. One of these is a greater reliance on digital solutions for employee record keeping and storage. It is undoubtedly a much more efficient and durable solution than traditional paper archives. Data in electronic form can be freely sorted and categorised. From the point of view of the employees themselves, it is much easier to review and search them when necessary.
The main asset e-documentation is a small operational cost. After the initial expense of implementation and external technical support, the operation of an electronic employee records system generates essentially no expenditure. In fact, it often makes it possible to reduce staff costs through better allocation of FTEs.
When implementing e-documentation, care must be taken at the initial data collection stage to ensure that data is prepared for the process. Creating a uniform structure and layout that is understandable to all employees will make it easier to store and access electronic documents later on.
Digitisation of files and the retention period of employee records, i.e. e-files in light of the law and ZUS requirements
It has been some time since the legislation regulating employee record-keeping came into force. The most important one was the Act of 10 January 2018 amending certain acts in connection with the shortening of the period for keeping employee-related documents and their electronicisation. It was this normative act that balanced paper-based documentation with that kept in electronic form.
For entrepreneurs seeking this for years, it was a day of triumph. Until then, they were obliged to keep employee records for as long as 50 years after the end of the employment relationship, and only in paper form. On a European scale, this was a rarity, because in Germany or Finland, for example, regulations only required 10 years of archiving for former employees' files. Matters relating to benefits, social security and the handling of Social Security forms and the determination of the basis for the payment of a pension have been greatly simplified.
Electronic employee records mean quick access to files, and each user, within the framework of the rights granted, can easily check their own or their colleagues' data. It is important to ensure that the chosen system complies with current legislation on electronic employee record keeping. Otherwise, the employer will be able to keep employee records electronically, but still burdened with keeping them on paper.
Electronicisation of employee files and paper records in the face of changes from 1 January 2019. What is the retention period for personnel files?
E-acts are the answer to companies' demands, so more and more companies, regardless of size, are going through the process. Above all, the new regulations have brought changes in terms of reducing the period for keeping employee files, but not only that. As of January 2019, Polish employers can keep their employees' personal files exclusively in electronic form, which, apart from the great convenience of this solution, reduces expenses. The costs of a company with several hundred employees can fall by up to PLN 200,000 a year. This includes, among other things, the cost of labour, paper and printing, as well as transport and storage of paper documents in archives.
Since the Act came into force, the records of employees hired after 1 January 2019 must be kept for a period of 10 years, calculated from the end of the calendar year in which the employment relationship expired or was terminated. The change for the records of employees hired between 1 January 1999 and 31 December 2018 was also a major relief. Here, too, it is possible to shorten the period from 50 to 10 years, subject to additional conditions under the Act. Unfortunately, the shortening of the obligation to keep them for those employed before 1 January 1999 has not changed and it is still a period of 50 years.
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How to keep records in accordance with the Act?
It is important to bear in mind that the electronic personnel file of each employee employed by the company should be divided into several parts. The legal principles are detailed in the Regulation of the Minister of Family, Labour and Social Policy of 10 December 2018 on employee records.
Due to changes in the Labour Code, an amendment to this regulation came into force on 21 March 2023, which introduced, among other things, a new E-file. Let's take a look at exactly how to keep employee e-files by section:
- Part A - documentation collected during the recruitment process,
- Part B - documentation which relates to the employment itself and the course of that employment, namely contracts and medical examinations
- Part C - documentation that relates to the termination of the employment relationship,
- Part D - documentation that relates to disciplinary sanctions imposed on the employee, i.e. warnings, reprimands or fines,
- Part E - information related to the control of the employee's sobriety or control of the presence in his/her system of agents having similar effects to alcohol
Electronic personnel files and document security - the role of e-files and employer responsibilities
The secure circulation of employee documents within a company, especially employee personnel files, has always required care and diligence. It is fundamental to develop procedures and ensure confidentiality, especially in light of the RODO Act. Employee data should be subject to special protection, but in many industries it is used to some extent all the time - personnel management, the establishment of employment contracts, payment of salaries or cooperation with customers cannot take place anonymously.
A non-negligible issue related to the guarding of employee files and their electronicisation is data security. Here, in addition to IT solutions or safeguards with qualified electronic signatures, routine document use practices, i.e. clear procedures and ongoing monitoring, are important.
It is common practice in companies for several people to share documents and make changes in a single file, accessible online. Safeguards against data leakage must work effectively from the level of each person who connects to the system and works on a particular document. It is therefore necessary to ensure, among other things, that information and document distribution channels are properly secured and that only secure online employee portals are used.
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