Changes in keeping personal files of employees
2023 is a year of significant changes in Polish labor law. In February, the regulations on the sobriety control of employees entered into force, and in April we will have new regulations on remote work. Changes in law also force employers to change internal documentation, such as work regulations or personal files of employees. The amendment to the Polish Labor Code also made it necessary to adapt the regulation of the Minister of Family, Labor and Social Policy on employee documentation – which regulates, among others, the manner of keeping employees’ personal files.
New part of personal files
In connection with the introduction of sobriety controls in workplaces, employers will be obliged to prepare additional documentation related to their conduct, as well as to document their results in an appropriate manner. A new part E will appear in the personal file of each employee (currently the files consist of 4 parts A, B, C and D) where there will be stored:
– information on the employee’s sobriety controls carried out by the employer,
– information on the examination of the employee’s sobriety carried out by the police and other public authorities,
– information on the employer’s control of the employee for the presence of substances acting similar to alcohol,
– information on the examination of the employee for the presence of substances acting similar to alcohol, carried out by the police and other public authorities.
This means that this part of the file will also contain the negative results of the sobriety controls of the employee, including information about the date, hour and minute of the test carried out and its exact result.
Changes to Part B
Currently, part B of employees’ personal files contains documents related to the employment relationship and the course of employment, such as medical certificates, health and safety training certificates, employment contract, annexes to the contract and other work-related documents.
Due to the upcoming changes regarding remote work, this part will also have to include the employee’s applications and statements related to remote work, e.g. employee’s statement on having appropriate conditions for remote work, employee’s request to perform remote work, remote work order.
At the same time, due to the introduction of the sobriety control, this part should also include documents fulfilling the employer’s information obligation towards the employee, e.g. confirmation of informing the employee about the sobriety control and how it is carried out.
It is the duty of every employer to properly keep personal files of employees – which may be particularly important in the case of inspections carried out by the Labor Inspectorate. In case of more detailed questions or problems related to keeping internal documentation in the workplace, we encourage you to contact specialists from the labor law department of our Law Firm at: [email protected]
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