The draft Regulation on Employment Records unveiled in mid-September is the proposed ordinance to the Act on Amendments of Certain Acts in Connection with Shortening the Period of Storage of Employee Files and their Electronisation that will enter into force on January 1, 2019.
Under this Regulation, personnel records will consist of 4 files: the application for employment (part A); the duration of employment (part B); termination of employment (part D). Newly created personnel files (part C) will contain employees' disciplinary records. The draft Regulation lists the documents to be stored in each part of the personnel files.
The Regulation also defines the employment documentation not to be subsumed in personnel files, but which shall be subject to analogous periods of retention. If the Regulation enters into force in the current wording, employment documentation will include: time sheets, employee requests regarding work time systems and schedules (including the employee's confirmation of being acquainted with the work time schedule), remuneration payment cards and documents regarding task-based work-time systems.
Given that as of January 1, 2019, employers will be able to store employment records in electronic form, the draft Regulation defines the requirements on keeping employment records in this format and specifies the rules of transfer of documents between IT systems.
Moreover, the draft Regulation specifies the manner of informing employees or former employees on possibility to collect their employment records. Such information may be delivered by post or by persons authorized by the employer. Informing employees in electronic form, e.g. by email, will be possible, provided the employer receives confirmation of delivery.
The new draft regulation is currently worked on with a view of passing it into law on January 1, 2019. Employers will have 6 months from that date to comply with the new regulations. The necessity to adjust employment records in line with the new regulations will apply to current and future employees and will have no effect on closed files. The final wording of the Regulation is still subject to changes.
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