Storage of HR documentation in the cloud

The Labor Code (hereinafter: the Labor Code) lists many obligations that an employer must fulfill. One of them is the absolute obligation to keep employees' personal files and documentation related to the employment relationship. Moreover, the storage of personnel documentation and files should take place in conditions in which they are not exposed to damage or destruction. It does not matter in what organizational form the enterprise is run and how many employees it employs. Therefore, this obligation applies equally to sole proprietorships using the help of one employee, and corporations employing hundreds of full-time employees.

For breach of the discussed obligation, Art. 281 point 7 LC provides for a fine of 1 thousand. up to 30 thousand zloty.

Storage of personnel documentation

Pursuant to the regulations, the termination of the employment relationship does not release the employer from the obligation to continue storing personnel documentation, as it is an indispensable element in determining the employment, social or pension rights of a former employee. Art. 125a sec. 4 of the Act on old-age and disability pensions from the Social Insurance Fund indicates that the contribution payer is obliged to keep payrolls, salary cards or other evidence on the basis of which the basis for the calculation of the old-age or disability pension is made, for a period of 50 years from the date of termination of employment by the insured person. payer.

In the course of business, all documentation is stored in accordance with the employer's preferences - the company's seat is most often chosen. Pursuant to Art. 51u paragraph. 1 of the Act of July 14, 1983 on the national archival resource and archives, in the event of the employer being put into liquidation or bankruptcy, the employer indicates the entity operating in the field of document storage, to which it will be transferred for further storage, providing financial resources for this purpose for the time remaining until the end of the 50-year period to which the storage of personnel documentation relates, calculated:

1. from the date of termination of work for a given employer - for personal documentation;

2. from the date of production - for payroll documentation.

If the employer does not have the funds to cover the storage of HR documentation in an external company, he may apply for a declaration that it is impossible to secure them for the required storage period. In such a case, if the registration court (at the employer's request) finds it impossible to provide such measures, the documentation is taken over by the state archive established for this purpose by the minister responsible for culture and protection of national heritage.

Personal e-files - since when?

Work is currently underway on new regulations regarding the method of storing personnel documentation. Many sources indicated the date of entry into force of the new regulations on June 1, 2017, but it is already known that this date has not been met. The upcoming changes are to concern the period of the obligation to store personnel documentation and the manner of keeping personal files.