The government prepared a draft bill on amending certain acts in connection with the reduced period for keeping employee documentation and its electronization (parliamentary document No. 1995). The act has passed its first reading with the recommendation of the Emergency Committee for Deregulation on the adoption of the bill by the Sejm. Pursuant to the draft bill, the law is to go into effect as at January 1st, 2019.

Key changes for employers

The three main aims of the draft bill in its proposed form are as follows:

• reduction of the period of storing documents on the employee’s employment relationship and personal data files from 50 to 10 years;
• making it possible for the employer to keep and store employee’s employment relationship and personal data files in electronic form;
• change of the current rule of remuneration payment directly to the employee.

The change in the rules will concern both persons who are employed under an employment contract and employees working on the basis of a contract of mandate – the Client will also have a duty to store necessary documentation for 10 years.

Employer’s duties concerning documentation

In accordance with labour law, one of the employer’s duties is to keep employee documentation, i.e. employee personal and remuneration documentation (in particular employee personal data files). In the current state of law, the documentation must be kept in paper form while the retention of employee documentation in electronic form does not release employers from their obligation to keep traditional documentation. In principle, employee documentation has to be kept for fifty years from the end of one’s employment relationship.

The purpose of a specific form of keeping the documentation is to use it in proceedings at ZUS in the matters establishing retirement or disability benefits, or as evidence in case of possible court litigation.

Author: Robert Jezierski