Electronic Employee Documentation – What Must an Employer Know?

As digitization progresses, more and more companies are deciding to switch from traditional paper employee documentation to its electronic counterpart. Working with e-documentation brings a number of benefits but also requires knowledge of legal regulations and appropriate procedures.

What should an employer know to properly implement electronic employee documentation?

Employer’s Rights

According to Article 94 point 9a of the Labor Code, the employer is obliged, in particular, to keep and store documentation related to the employment relationship as well as employee personal files (employee documentation) in paper or electronic form.

Moreover, Article 94⁸ of the Labor Code allows for changing the form of stored employee documentation. The change of employee documentation from paper to electronic form takes place by creating a digital reproduction, in particular a scan, and signing it with a qualified electronic signature or qualified electronic seal of the employer or a qualified electronic signature of a person authorized by the employer, confirming the compliance of the digital reproduction with the paper document. The change of employee documentation from electronic to paper form takes place by making a printout and signing it by the employer or a person authorized by them, confirming the compliance of the printout with the electronic document.

It should be remembered that both paper and electronic employee personal files should consist of 5 parts: A, B, C, D, E and include:

1. Statements or documents collected during recruitment;
2. Statements or documents related to the commencement of the employment relationship and the course of employment;
3. Statements or documents related to termination of employment;
4. A copy of notification about disciplinary penalties and other documents concerning employee liability for breaches of order or arising from regulations providing for removal of the penalty after a specified time;
5. Documents related to employee sobriety control or tests for the presence of substances acting similarly to alcohol in the employee’s body.

Importantly, regarding employees employed from January 1, 2019, the employer or principal is obliged to keep employee files for 10 years, counted from the end of the calendar year in which the employment or contract of mandate ended.

For employees first employed between January 1999 and December 2018, the storage period may be shortened from 50 to 10 years, provided that the employer:

• Submits a statement to the Social Insurance Institution (ZUS OSW) and
• The relevant information report (ZUS RIA).

Files of employees or contractors employed before January 1, 1999 must be stored for 50 years.

Summary

An employer wishing to keep employee documents in electronic form must meet a number of requirements set out by applicable law. The key regulations are found in the Labor Code. Above all, documentation in electronic form must be maintained in a way that ensures its authenticity, integrity, and readability.

If you have any questions or doubts, we encourage you to contact our Law Firm. You can count on comprehensive service and full commitment at every stage of your case.