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Changes to personnel documentation

Katarzyna Adamczak, Natalia Patecka

4 May 2023

Amendments to the regulation of the Minister of Family, Labour and Social Policy concerning personnel documentation (the “Regulation”) were announced on 13 March 2023.

The amendments modify the content of the employee’s personnel file. The personnel file used to consist of 4 parts. Following the amendment, the personnel file will comprise 5 parts.

What additional documents do you have to keep in part B of the personnel file?

The extended part B of the personnel file, that includes statements or documents related to the establishment and history of employment, will have to include additional information such as:

confirmation that the employee has been informed about the following issues:

• implementation of employee testing for the presence of alcohol or alcohol-like intoxicants in the employee's system;

• the group or groups of employees subject to the above testing;

• method of employee testing for the presence of alcohol or alcohol-like intoxicants in the employee's system;

documentation of remote work.

What should be included in part E of the employee’s personnel file?

There is now a new part E of the personnel file concerning documents relating to employee testing for the presence of alcohol or alcohol-like intoxicants in the employee's system. According to the Regulation, this part should include:

information about employee alcohol testing carried out by the employer;
information about employee alcohol testing carried out by an authorised law enforcement authority;
information about employee testing for the presence of alcohol-like intoxicants in the employee's system, carried out by the employer;
information about employee testing for the presence of alcohol-like intoxicants in the employee's system, carried out by an authorised law enforcement authority*.

How should you keep the documents in part E of the personnel file?

According to the newly-added provision, documents in part E of the employee personnel file must be stored in separate subparts, each kept for one particular testing and numbered E1 and subsequent. In such a case, documents in every separate subpart must be in chronological order and in numbered sequence, and a list of documents must be maintained for every subpart.

The Regulation also describes a procedure for deleting from the personnel file information about:

employee testing for the presence of alcohol, or
employee testing for the presence of alcohol-like intoxicants, or
employee testing for the presence of alcohol or alcohol-like intoxicants in the employee's system, carried out by an authorised law enforcement authority*.

What is the deadline for adapting the personnel documentation?

Employers must, within 14 days of the effective date of the amended regulation, adapt the method of storing documents relating to employee testing for the presence of alcohol or alcohol-like intoxicants in the employee's system, collected before the effective date of this regulation, in line with the storage requirements under the amended regulation.

The Regulation entered into force on 21 March 2023. The exception applies to part B of the personnel file concerning the documentation of remote work, which entered into force 7 April 2023.

Do you want to know more about the amendments? Contact us.

* Newly added §3(5) to the Regulation of the Minister of Family, Labour and Social Policy concerning personnel documentation

* Newly added §4(4) to the Regulation of the Minister of Family, Labour and Social Policy concerning personnel documentation

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Katarzyna Małaniuk

Attorney at law (Poland)

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