How to keep e-employee files in accordance with the regulations?

Electronic employee files are no longer a solution reserved for the largest organizations. They are increasingly becoming a common element of the digitalisation of HR processes. However, it is worth remembering that e-employee files are much more than scanned documents stored on a company hard drive or in the HR system.

For electronic employee files to be equivalent to paper documentation, specific requirements must be met, including the method of digitization and the verification of the digital representation’s compliance with the paper document, metadata, system security, access to records, and their storage. So how can the transition from paper to electronic records be legally compliant, and what should employers pay particular attention to? We explain.

Are e-employment files legal?

Yes. The Labour Code allows employers to maintain and store employee files in both paper and electronic formats. Electronic files are legally equivalent to paper records.

An employer may also decide to change the format of existing documentation, for example, switching from paper to electronic files. However, the decision to digitize is only the beginning of the process.

Important: a scanned document is not a document that can be properly incorporated into electronic employee files.

In the event of a change in the form of documentation from paper to electronic, the regulations require the preparation of a digital representation and appropriate confirmation of its compliance with the paper document.

What does electronic employee documentation include?

The terms “e-files”, “electronic personal files” and “employee e-files” are sometimes used interchangeably, but from a legal perspective it is worth looking at it more broadly.

Employee documentation includes:

Personnel files currently consist of five parts: A, B, C, D, and E. They contain, among other things, pre-employment documents (e.g., initial medical examinations), documents relating to the initiation and course of the employment relationship (e.g., employment contracts, annexes), its termination (e.g., employment certificate), disciplinary responsibility (e.g., warnings), and, in Part E, documents relating to sobriety tests or the presence of substances with a similar effect to alcohol.

In addition to personnel files, the employer also maintains documentation for each employee regarding, among other things, working time records, use of vacation leave, remuneration paid and other work-related benefits, allocation of work clothing and footwear, and personal protective equipment.

Therefore, when designing e-files, it is worth thinking not about a “folder with contracts”, but about the entire structured environment of employee documentation .

How to switch from paper personal files to e-files?

It is worth dividing the process into several stages:

1. Verify documentation before digitization

The first step should not be scanning, but rather a documentation audit. Digitization does not eliminate previous irregularities. If documents are missing from a paper file, are incorrectly assigned, or do not comply with current file management rules, transferring them to an electronic system will only perpetuate the problem in the new environment.

In practice, before starting digitization, it is worth verifying, among other things, the completeness of documentation, the correctness of the division of personal files, the chronology of documents, the correctness of document lists, and the existence of documents whose retention period has already expired.

This is an organizational stage, but it is of great importance for the subsequent compliance of the entire process.

2. Create correct digital representations

Changing the form of documentation from paper to electronic requires the preparation of a digital representation of the documents.

This is not just about any scan. The regulation on employee documentation specifies minimum technical requirements for digital reproductions, and the document should be reproduced with due care and quality, allowing for the unambiguous review of its content without the need to revisit the paper version.

For the employer, this means that the digitization process should have a specific quality standard, not only regarding the scanning itself, but also checking the completeness and legibility of documents.

3. Confirm the compliance of scans with paper documents

This is one of the most crucial elements of the entire process. When switching from paper documentation to electronic documentation, the digital representation should include:

• a qualified electronic signature of the employer or
• a qualified electronic seal of the employer or
• a qualified electronic signature of a person authorized by the employer,

confirming the compliance of the reproduction with the paper document.

Simply scanning documents and saving them in PDF format does not mean that the form of employee documentation has been correctly changed.

This is one of the points that is particularly worth considering when choosing the technology or process for implementing e-files. We also wrote more about the practical use of HR technologies in the article  HR and Payroll – A digital revolution in process management.

What requirements must a system for maintaining e-employee records meet?

An e-employee records management system should ensure not only secure document storage but also their integrity, completeness, and accessibility for authorized users. It should enable user identification, recording of changes, metadata-based document searches, and export and print capabilities.

In practice, this means that a regular electronic folder or network drive is not enough to properly maintain employee records; the way documents are managed and accessed is also important.

Metadata in e-files – why is it so important?

Metadata is basic information describing a document, enabling its unique assignment and quick retrieval within the system. It includes document type, document ID, creation date, and employee identification information.

Thanks to them, the e-file is not just a collection of files, but an organized system of employee documentation.

What to do with paper files after switching to e-files?

This is another element of the process that should not be overlooked. After changing the documentation format, employers are obligated to inform employees:

The employee can retrieve the previous documentation within 30 days of the date the information was provided. Only a properly executed documentation change process allows the organization to move from the “paper plus scans” model to true electronic employee records.

How long should e-employee records be kept?

The digitalisation of documents does not change applicable retention periods. For employment relationships established on or after 1 January 2019, employee records are generally retained for the duration of employment and for 10 years from the end of the calendar year in which the employment relationship ends .

For previously employed employees, the situation depends on the date the employment relationship was established.

For employment relationships established between January 1, 1999, and December 31, 2018, the 50-year retention period may be reduced to 10 years after meeting the requirements for submitting an information report. If a report is not submitted, the retention period is 50 years from the termination of the employment relationship. For employment relationships established before December 31, 1998, the period is 50 years from the termination of the employment relationship.

Can an employee request a copy of electronic documentation?

Yes. Employees and former employees have the right to request copies of all or part of their employment records. The regulations also provide rules for issuing electronically maintained records.

The system used by the employer should therefore enable the efficient extraction of relevant documents and their issuance or export in accordance with legal requirements. This is not an additional function; the ability to export documentation is explicitly included in the requirements for an IT system used to maintain electronic employee records. We describe the practical aspects of the digitization of HR processes in more detail in the material: Employee e-file, i.e. digitization of HR processes.

E-employee files – employer’s checklist before implementation

Before switching to electronic documentation, it is worth checking whether your organization can answer “yes” to the following questions:

Documentation

Compatibility

System

This checklist can be a good starting point for both an internal project and a conversation with a technology provider. If an organization is considering switching to digital documentation, it can also be helpful to compare legal requirements with the features of available solutions. More information about the Contract Administration solution can be found on the following websites: E-file for employees and the Asistar Employee Portal.

Why is the implementation of e-files not just an IT project?

The most important lesson for employers is simple: legally compliant e-records do not come into being the moment the last binder is scanned. E-records should be designed from a legal requirement to a process, not from a system function to a process.

Documentation integrity → controlled document change process → recording changes → ability to demonstrate the history of operations.

A well-executed change allows for the elimination of parallel paper files and digital copies and the creation of a single, coherent documentation environment. However, this requires proper document representation, validation, appropriate metadata, a properly secured system, and procedures covering the entire records lifecycle.

Therefore, before implementation, it is worth looking not only at the functionality of the tool, but above all at whether the organization will be able to demonstrate compliance of the documentation method with applicable regulations.

FAQ: E-employee files