[Poland] Changes to employee personal files – new regulations

The amendment to the Labour Code signed by the President introduces remote working and the possibility to control the sobriety of employees. As a result of the new regulations, it is necessary to extend the catalogue of documents kept in employees’ personal files. The Ministry of Family and Social Policy drafted regulations amending the existing regulations on employee documentation.

The new Labour Code is intended to allow employers to implement preventive sobriety checks for employees and to order remote working. However, the amendments to the legislation entail a requirement to adapt the catalogue of documents in employee files. What changes will employers face?

Employee personal files – new Part E

The amendment to the Labour Code introduces the possibility to check employees’ sobriety preventively or to check employees for the presence in their bodies of agents acting similarly to alcohol in situations when this is necessary to ensure the protection of life and health of employees, other persons or the protection of assets.

Therefore, the following information will be kept in the employees’ personal files, in the added Part E:

• the date, time and minute of the test which was carried out to check the sobriety of employees or to check the presence in their bodies of agents having a similar effect to alcohol,

• the result of a test indicating that the employee is under the influence of alcohol or is under the influence of drugs or other substances similar to alcohol,

• information about a sobriety test carried out, at the request of an employer or an employee who has not been admitted to work, by a competent authority responsible for the protection of public order by means of methods which do not require a laboratory test, or about a blood or urine test ordered. The information kept will include:

1. name and surname of the person being tested,
2. PESEL number of the person being tested or, if no PESEL number is available, the series and number of the document providing proof of identity,
3. date, time and minute of the test carried out,
4. result of the test.

The above information will be kept by employers in an employee’s personal files for a period not exceeding one year after collection. The exception to this is the check/test data if the employee has been subject to a warning, reprimand or fine. In such a case, the employer shall keep information on the date, time, minute of the test for the presence of alcohol or agents acting similarly to alcohol and the results of the test until the imposed punishment is declared null and void.

Employee personal files – Part B expanded

The personal files, in Part B, there will be documents related to remote working, which is entering the Polish labour law on a permanent basis. Part B will also contain documents relating to the rules and manner of carrying out sobriety checks for employees.

Under the proposed Ordinance, Part B of employees’ personal files will be supplemented with documents confirming that employees have been informed of:

• introduction of sobriety tests or checks for substances similar to alcohol,
• group or groups of employees to be subject to the checks,
• method of carrying out the checks.

Moreover, Part B of the employee’s personal files will also contain documents relating to remote working. These documents will replace the existing telework information. The telework provisions are repealed by the amendment to the Labour Code.

In relation to remote working, Part B will include:

• confirmation, in a written or electronic form, that before being allowed to work remotely, an employee has become familiar with following documents prepared by an employer:
  • occupational risk assessment,
  • information including the principles of safe and healthy remote working.

Changes to employee files – as from when?

The proposed amendments are to come into force seven days after their announcement. They will ensure proper keeping of records related to remote working and information about sobriety checks for employees or checks for employees for the presence of substances similar to alcohol in their bodies by employers.

Download the brochure: Remote work
— support in implementing the new regulations

Keeping employee personal files – how can we help?

Contract Administration offers HR outsourcing services to improve your company’s business processes. Our HR services include, but are not limited to:

• keeping employee personal files on paper or in electronic form (E-File),
• registering data in ERP systems,
• preparation of employee documentation, including certificates of work, certificates of employment,
• monitoring employment-related deadlines, e.g:
  • employment contracts,
  • periodic examinations,
  • OSH training.