The notion of a personal file is regulated by Government Decision no. 905/2017 regarding the general register of employee records, which stipulates that employers are obliged to compile a personal file for each employee under an individual employment contract, to keep it in good condition at the employer’s headquarters, or, as the case may be, at the secondary headquarters if the competence for personnel placement is delegated through the conclusion of individual employment contracts. Employers are also required to present the personal file to labor inspectors during an ITM (Labor Inspectorate) inspection.
The aforementioned law imposes that the employee’s personal file must include at least the following documents: the necessary hiring documents, the individual employment contract, annexes and additional acts, documents related to the modification, suspension, and termination of individual employment contracts, educational documents/professional qualification certificates, as well as any other documents certifying the legality and correctness of entries in REVISAL.
The job description, attached to the individual employment contract, must be found in the employee’s personal file alongside the employment contract. The individual annual evaluation sheet should also be included in the employee’s personal file, as it is the official document certifying annual performance and can justify dismissal or the granting of benefits such as salary rights, bonuses, promotion rights, etc.
Analyzing the above legal provisions, it is appreciated that in the private sector, the employer has mandatory mentions regarding the existence of certain categories of documents in the personal file, leaving, however, to the employer’s discretion if they wish to keep other documents. Thus, the organization of the personal file (ordering documents, additional documents, etc.) is at the employer’s discretion, but with compliance with legal obligations.
Unlike the private sector, in the case of the public sector, documents in the personal file must be in chronological order of their issuance according to the provisions of art. 6 of Government Decision no. 432/2004 regarding the professional file of public servants.
Personal files must be kept in appropriate conditions to ensure data security and compliance with legal provisions regarding the protection of personal data. It is prohibited to provide data about individuals within the company to external applicants (except for authorized public authorities and institutions) or within the mass media.
Starting from January 1, 2023, for newly hired individuals, personal files will be archived for a period of 5 years. Each employee is obliged to inform the employer about any changes regarding their marital status: marriage, change of name or residence, expiration of identity documents, expiration of a driving license (for employees whose job involves using a company vehicle), etc. If applicable, the employee must provide a copy of the new identity document.
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Ana Maria Nistor – Attorney at Law
