What is the new development
Since 1 January 2019, there have been major changes in the provisions regarding keeping employee documentation. They are as follows:
What does the new development mean for companies?
The availability of the option to keep employee documentation in electronic form could potentially lower the costs of keeping the documentation (no additional space needed, less or no additional costs of external archive).
Shortening the period of keeping employee documentation from 50 years to 10 years also makes it possible to reduce the employer’s costs related mainly to space and archiving.
New obligations for employers are as follows:
Copy of the documentation
Employers are obligated to give employees or former employees a copy of their documentation at the employees’ or former employees’ written or electronic request. Such request may also be submitted by the entitled persons listed in the Labour Code (e.g., children or spouse in case of an employee’s or former employee’s death).
Two cases were added to the catalogue of offences against employee rights in the Labour Code:
If an employer or any person acting on his/her behalf:
- does not keep the employee documentation within the period specified in the Labour Code or for a longer period if it is provided otherwise in separate provisions;
- keeps the employee documentation in conditions that can cause damage or destruction;
he/she shall be liable to a fine ranging from PLN 1,000 to PLN 30,000.
The amounts of the fines remain unchanged. Notwithstanding the above, violations of employees’ personal data protection may result in a fine imposed on the basis of the GDPR.
What should companies do?