Updated last 26.03.2021
What employee documents is the employer required to create and keep?
The employer is required to keep an employment record for each one of the company’s employees. This means that the employer should keep in one place all documents related to the employee’s individual employment relation for each employee (from commencing work, through any amendments of the relationship and its termination).
The employment record of the employee includes:
- A copy of the signed employment contract signed or other documents certifying the commencement of the employment relation;
- Documents required for hiring the employee;
- Documents related to the employee’s level of education;
- Job description;
- Agreements related to amendments of the employment relation;
- Requests and orders for using paid annual leave and other types of leaves;
- Sick leave documents;
- Business trip orders, awards, imposed disciplinary sanctions;
- Order for the termination of the employment relation;
Where are employee records kept?
- Employee records are kept by the employer – in most cases in the Human Resources Department and they are updated regularly.
- The employment record may also contain electronic documents. The procedure and method to do that are stipulated in the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment record of the employee.
|Important to know
Where is the labour book kept?
- The labour book is kept by the employee. It may also be kept by the employer, in which case, the employee must provide a written consent.
- When the employee keeps his / her labour book, he / she is obliged to present it to the employer upon his/ her request in order to enter specific circumstances.
Processing employees’ personal data
In order to observe the General Data Protection Regulation (GDPR), each employer has to have internal instructions as to the organisational and technical measures related to personal data protection, where the following principles should be clearly defined:
- The manner in which personal data is administered;
- The personal data categories being administered;
- The parties and means used to process employees’ personal data.
When is an employer compliant with employees’ personal data protection procedure?
Generally, the employer must have employees’ consent for the processing of their personal data in writing. Upon signing of the employment contract, the employer should provide the employee with a notice under art. 13 of the GDPR, including information regarding:
- The data administrator and his / her contact information;
- The objectives of the personal data processing for which such data is collected;
- The legal grounds for the processing of personal data;
- The measures undertaken for the protection of the collected personal data, etc.
If the employer requires additional data of a sensitive nature from the employee, the employer needs to obtain the employee’s consent for collecting and processing such data, while informing him / her of the purpose for which the data is needed and for how long the data will be stored. The employee has the right to refuse to provide such data. Additional information related to the protection of personal data is available here.
|For more information
Additional information related to the administration of employees’ documents and the related legislative framework is available on the website of: