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Moving paper employee files into electronic form is a step toward modernity and convenience for both employer and employee. The digitisation process, however, requires not only advanced tools but also knowledge of legal and technical requirements. This article explains how to carry out the transition properly.
Where to start? Creating digital reproductions
The first step is to create digital reproductions of paper documents, such as scans. This covers the records of both current and former employees, regardless of how long their files must be retained.
Important: Each digital document must bear the employer's or an authorised person's qualified electronic signature. This confirms that the scan matches the paper original.
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Technical and legal requirements
Digitising employee records requires compliance with the requirements described in:
- The Regulation of the Minister of Family, Labour and Social Policy of 10 December 2018 concerning employee records.
- The Labour Code, Article 94 §8–12.
The IT system used to store electronic files should meet the minimum technical requirements set out in the annex to that Regulation.
Informing employees
A current or former employee has the right to collect their paper records within 30 days of being notified of the opportunity. Notice must be given:
- In person against acknowledgement,
- Through a postal operator,
- By electronic communication, provided delivery is confirmed.
If the notice is not collected, it is deemed effectively delivered 14 days after the postal operator leaves the first message.
If an employee dies, persons specified in the regulations, such as children, a spouse or parents, have the right to collect the records.
Destroying paper records
After 30 days from informing employees that they may collect their paper records, the documents must be destroyed so they cannot be reconstructed. This requires particular care to prevent unauthorised access to data.
Returning to paper records: is it possible?
Yes, it is possible to return to paper records. To do so:
- Print all documents,
- Sign them with a qualified electronic signature, certifying that they match the electronic version,
- Inform employees of the change and allow them to collect their records in electronic form.
Employees signing documents
Most employees do not have a qualified electronic signature. In that case, documents may be signed by hand, then scanned and given the employer's qualified signature or electronic seal.
If an employee fails to collect a document by the set deadline, the employer may destroy it so its contents cannot be reconstructed.
If you found this article interesting, explore our HR and payroll services and read how we can help you:
Summary
Moving from paper to electronic employee records is a process that requires precision, knowledge of the law and attention to the technical aspects of digitisation. Implementing the right system and following applicable regulations ensures compliance and makes everyday work easier for accounting firms and HR departments.
If you want to learn more about digitising files or need support, contact our TaxCoach team. We offer comprehensive HR and payroll services, including electronic personnel files, payroll calculation and support with labour law.
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