Storage of Employment Files – Latest Changes

On Monday, 5 February, the President signed the act dated 10 January 2018, amending certain acts in connection with reduction of the period of storage of employment files and digitalisation (“the Act”). The Act amends the provisions of the Labour Code in the scope of the employer’s obligation to store employment documentation. Beginning 1 January 2019, the employers may choose between paper and digital form of storage of employment-related documentation and personal files of the employees. Moreover, the employer during the period of documentation storage will be able, on the terms and conditions stipulated in the Act, to change the form of employment documentation, and the number of changes will be unlimited. Detailed rules will be specified in an implementation regulation to the Act.

Another significant change is shortening of the employment documentation storage period from the present 50 years to only 10 years. This will pertain, however, to persons employed after 1 January 2019.  Documentation regarding employees or former employees who established the employment relationship between 1999 and 2018 may also be stored for 10-year period, provided that the employer submits a statement on the intention to deliver a relevant information report to the Social Security Institution (ZUS).

The amendment imposes also additional obligations on the employer connected with termination or expiration of the employment relationship – i.a. the obligation to issue information concerning the period of employment documentation storage together with the employment certificate.

Another equally important change stipulated in the Act is the resignation from payment of the remuneration in cash directly to the employee. Beginning next year, it will be possible for employers to pay remuneration to the bank account indicated by the employee, unless the employee requests that his/her remuneration is paid in cash.

If you require more detailed information, please contact advocate Michał Chodkowski (e-mail: michal.chodkowski@laszczuk.pl).