Under Article 94 point 9a of the Labour Code (Kodeks pracy), an employer must keep documentation on matters related to the employment relationship. This means that, regardless of the legal form of the business and the number of employees, you must set up and keep a separate personnel file (akta osobowe) for each employee. This obligation is particularly important because of its evidential value in disputes over employment claims. How long these documents must be kept is explained in our article on employee records retention periods.
The detailed rules for keeping employee records are set out in the Regulation of the Minister of Family, Labour and Social Policy of 10 December 2018 on employee documentation (consolidated text: Journal of Laws (Dz.U.) 2026, item 474). Under the regulation, a personnel file consists of five separate parts, each with a specific role in documenting the employment relationship.
Every employer must keep personnel files for its employees, regardless of the size of the business and the number of staff. This obligation comes directly from the Labour Code and is crucial as evidence in employment disputes. Failing to keep employee documentation, failing to store it for the required period or leaving it in conditions that put it at risk of destruction is punishable by a fine of PLN 2,000 to PLN 60,000 (Article 281 § 1 points 6–7 of the Labour Code, from 8 July 2026)
Keeping personnel files correctly requires knowing not only the structure of the individual parts, but also the rules on storing documents, how to protect them and the retention periods. Current rules also allow records to be kept electronically, which makes things considerably easier for employers.
Structure of the personnel file – five parts
An employee's personnel file consists of five separate parts covering every stage of the employment relationship, from recruitment to termination. Each part has a specific purpose and contains documents relating to a particular aspect of employment. What happens to the file when a former employee returns is covered in our piece on continuation of personnel files when rehiring an employee.
Part A contains documents gathered in connection with applying for a job. It is the first part of the file, created at the recruitment stage, and it covers the candidate's statements and documents concerning personal data, as well as the referral for the pre-employment medical examination and the medical certificate. This part is particularly important because it documents the recruitment process and is the basis for the hiring decision.
Part B covers documents on establishing the employment relationship and the course of employment. It is the largest part of the personnel file and is updated systematically throughout the employment. It contains key documents relating to the work performed, training, awards and other events during employment.
Documents in the personnel file must be numbered and kept in chronological order. Each of the five parts should contain a full list of the documents it holds, which makes checking and managing the records easier
Part C holds documents relating to the end of the person's employment. It is created only when the employment relationship ends and contains all documents connected with that process. It is the last part of the file and closes the person's employee records.
Part D is where you keep documents relating to the employee's disciplinary (order) liability or liability under separate provisions that provide for a penalty to be expunged after a certain time. This part is created only if the employee is penalised, and it matters particularly because of the duty to remove the copy of the penalty notice from the file after one year of impeccable work (Article 113 § 1 of the Labour Code).
Part E contains documents relating to sobriety checks on the employee or checks for the presence in their body of substances acting similarly to alcohol. It is the newest part of the personnel file, introduced in 2023 when employers' powers to carry out sobriety checks on employees were extended.
Part A – recruitment documents
Part A of the personnel file contains statements or documents concerning personal data gathered in connection with applying for a job. The employer requires the candidate's first name and surname, date of birth and contact details, and – where this is necessary to perform a given type of work or work in a given position – their education, professional qualifications and employment history (Article 22¹ § 1–2 of the Labour Code).
The candidate provides this data in the form of a statement, and the employer may require it to be documented to the extent necessary to confirm it (Article 22¹ § 5 of the Labour Code). In practice, a questionnaire for job applicants is often used for this, but since 2019 the rules have not required one. The questionnaire contains the candidate's basic personal data and information about their professional experience and education.
Employment certificates (świadectwa pracy) from previous jobs or other documents confirming periods of employment are used to document the candidate's employment history where it is necessary for the position. These documents allow the employer to verify the information provided by the candidate and assess their career path so far.
- The candidate submits a statement with personal data (e.g. in a questionnaire)
- Submission of employment certificates from previous jobs – where employment history is necessary for the position
- Presentation of documents confirming professional qualifications – where they are necessary for the position
- Presentation of the certificate of completion of the highest level of school – where education is necessary for the position
- The employer issues a referral for the pre-employment medical examination and the medical certificate is provided
- Submission of other documents required by separate provisions
In personnel files kept on paper, the employer keeps copies or duplicates of documents presented by the candidate or employee, certified by the employer or an authorised person as true copies of the document presented (§ 5 of the regulation on employee documentation). The candidate shows the original for inspection and for making a copy
Documents confirming the professional qualifications required for the job offered are particularly important for positions that require specific licences or certificates. These may be university diplomas, certificates of vocational courses, licences or other documents confirming the necessary competences.
The certificate of completion of the highest level of school confirms the education obtained. It allows the candidate's level of education to be verified and is the basis for classifying the employee by education in the HR records.
A referral for a medical examination and a medical certificate confirming that there are no contraindications to work in a given position are, as a rule, required when hiring for any position – the referral is issued by the employer, and without a valid certificate the employer may not allow the employee to start work (Article 229 § 1, § 4 and § 4a of the Labour Code; exceptions apply when a person is rehired within 30 days – Article 229 § 1¹). These documents confirm the candidate's fitness to work in the position offered and are especially important for work in special conditions.
| Type of document | Mandatory | Purpose of verification | Notes |
|---|---|---|---|
| Personal questionnaire | No (data is provided in a statement) | Basic data | Completed by the candidate if the employer uses one |
| Employment certificates | Where necessary for the position | Professional experience | From previous jobs |
| Qualification documents | Where necessary for the position | Professional competences | If required for the position |
| School certificate | Where necessary for the position | Level of education | Highest level of education |
| Medical certificate | Yes | Fitness for work | No health contraindications |
| Other documents | Depending on the case | Specific requirements | Under separate provisions |
A job applicant may also, on their own initiative, present other documents confirming their qualifications and professional skills. These may be certificates of courses or training, certificates or additional diplomas that are not required for the position but may make the candidate more attractive.
Part B – records of the course of employment
Part B of the personnel file is the largest section of employee records and is updated systematically throughout the employment relationship. After recruitment, the employer may require the person already employed to provide additional information on top of the data obtained during the application process.
The key document in Part B is the employment contract, which is the basis of the employment relationship. It must be kept in the personnel file throughout the employment and after it ends. If the employee's scope of duties has also been set out, it must also be kept in this part of the file.
Confirmation (on paper or electronically) that the employee has read the work regulations, received information on the terms of employment, read the occupational health and safety rules and been informed of the scope of information covered by professional secrecy is fundamental to documenting that the employer has met its information obligations. These documents confirm that the employee has been properly informed of the rules that apply at the workplace.
Since April 2023, documents on remote work must also be placed in Part B of the personnel file. This includes, for example, requests, instructions and agreements on remote work and other documents concerning that employee relating to this form of work
The certificate of completion of the required occupational health and safety (OHS, in Polish BHP) training is a mandatory document for every employee. It confirms that the employee has been trained in the safety rules that apply to their position and place of work.
The statement with the employee's personal data (in practice often a personal questionnaire for employees) contains the data the employer requires after hiring, including home address, PESEL (national ID number) and payment account number (Article 22¹ § 3 of the Labour Code). It is supplemented and updated as the employee's personal or professional situation changes.
Practical example: An employee submitted a statement that she intended to take maternity leave and parental leave (urlop rodzicielski). The employer placed this statement in Part B of the personnel file together with the documents confirming the periods of leave. After she returned from leave, all documents relating to her return to work were also added to this part of the file.
The statement of an employee who is a parent on whether or not they intend to use parenthood-related rights (Article 189¹ of the Labour Code) – for example time off work for a child under 14 (Article 188) or protection against overtime and night work without consent when caring for a child under 8 (Article 178 § 2) – is important for HR planning and work organisation. These documents allow the employer to prepare properly for the employee's absences.
- Employment contracts and annexes concluded during employment
- Documents confirming that the employee has read the regulations and rules
- Certificates of completion of OHS training and other required training
- Statements on parental and care-related rights
- Documents relating to the employee's awards and distinctions
- Medical certificates from periodic and follow-up examinations
- Documents on maternity leave, parental leave (urlop rodzicielski) and childcare leave (urlop wychowawczy)
- Letters relating to the granting of unpaid leave
- Documents relating to remote work and flexible forms of employment
Separately from personnel files, the employer keeps records of accidents at work and occupational diseases: a register of accidents at work, a register of diagnosed occupational diseases and suspected cases, and post-accident reports stored for 10 years (Article 234 § 3 and § 3¹ and Article 235 § 4 of the Labour Code). This is crucial for protecting the employee's rights and for the employer meeting its obligations.
Where the employer issues an employee with a pass, a service ID card, certificates or authorisations, in practice some employers note this in the personnel file by attaching a copy of the document – the regulation does not require it. This makes it possible to document fully the documents the employer has issued to the employee.
Part C – documents relating to the end of employment
In Part C of the personnel file, the employer collects all documents connected with the end of the employment relationship. This part of the file is created only when employment ends and contains records of the whole process of terminating the employment contract and the related formalities.
The notice of termination or the statement terminating the employment contract is the basic document in this part of the file. It may be a notice given by the employee, a notice given by the employer or an agreement of the parties to terminate the contract. This document sets out how and when the employment relationship ends and any terms of termination.
A copy of the employment certificate issued to the employee is a mandatory element of Part C of the personnel file. The employment certificate confirms the period of employment, the type of work performed and the position held. Keeping a copy of it in the personnel file has evidential value in any disputes.
Documents in Part C of the personnel file are of particular legal importance because they document the end of the employment relationship. They must be kept for the entire retention period of the personnel file under the applicable rules
Confirmation of actions taken in connection with the attachment of wages in enforcement proceedings is kept in Part C if such proceedings took place during the employment. These documents matter for settling all of the employee's obligations to third parties.
A non-compete agreement for the period after the employment relationship ends, where the parties have concluded one, is an important element of the documentation on the end of employment. It sets out the employee's obligations after leaving and any compensation due for observing the non-compete clause.
Referrals and medical certificates from periodic examinations carried out after the employment relationship has ended are kept in Part C of the personnel file. This applies to former employees who worked with exposure to carcinogenic substances and agents or fibrogenic dusts (Article 229 § 5 point 2 of the Labour Code). These documents help to record the person's health after the end of work, which may matter for any claims relating to occupational diseases.
Documents on not paying the employee cash compensation in lieu of annual leave concern the situation under Article 171 § 3 of the Labour Code. The employer does not pay the compensation where the parties decide that the employee will use the leave under a further employment contract concluded with the same employer immediately after the previous one was terminated or expired – this arrangement is kept in Part C.
Part D – records of disciplinary penalties
The fourth part of the personnel file is used to keep documents relating to the employee's disciplinary (order) liability. Introducing a separate Part D to set apart the records of disciplinary penalties makes things much easier for the people responsible for keeping employee files.
A copy of the penalty notice is the basic document kept in Part D of the personnel file. It contains information on the type of penalty, the reason for it, the date of the penalty and other circumstances of the disciplinary proceedings. Keeping this document has evidential value in any disputes.
Other documents relating to the employee's disciplinary liability may include records of the investigation, the employee's explanations, witness statements and other materials from the disciplinary proceedings. All of these documents must be kept in Part D of the personnel file.
After one year of impeccable work, the penalty is deemed never to have been imposed and the copy of the penalty notice is removed from the personnel file (Article 113 § 1 of the Labour Code) – together with the whole separate section relating to that penalty (§ 4(3) of the regulation). Having a separate Part D makes it much easier for employers to meet this obligation
It is generally accepted that you do not need to create a separate Part D in the personnel file if the employee is never given a disciplinary penalty. However, HR systems and ready-made file folders already include this part, which makes it easier to use later if needed.
Pay particular attention to the rules on removing information about penalties from personnel files. After one year of the employee's impeccable work, the documents relating to the penalty must be removed from the file; the employer may also deem the penalty void earlier (Article 113 § 1 of the Labour Code). In practice, for paper files this means destroying the documents, and for electronic files – permanently deleting the files.
Part E – sobriety checks and intoxicating substances
Part E of the personnel file was introduced when employers' powers to check employees' sobriety and test for substances acting similarly to alcohol were extended. This part holds all documents relating to such checks.
Information on a sobriety check carried out by the employer is the basic element of the records in Part E. Such checks may be carried out under the Labour Code in specific situations and for specific positions. The employer processes information on the date, hour and minute of the test and its result showing a state after alcohol use or intoxication – only where this is necessary to protect life and health or property (Article 22¹c § 6 of the Labour Code).
Information on a sobriety test of the employee carried out by an authorised public order authority is kept in Part E of the personnel file. This may concern situations where the employee was tested by the police or other authorised services in connection with performing their duties.
- Records of sobriety checks carried out by the employer
- Information on sobriety tests carried out by public order authorities
- Results of checks for substances acting similarly to alcohol
- Information on tests for such substances carried out by public order authorities
- Removing this information – as a rule no later than one year after it was collected (Article 22¹c § 6–9 of the Labour Code)
Documents in Part E of the personnel file are of a special nature because data on an employee's sobriety is sensitive. They must be kept with particular care and in line with data protection rules
Information on checking the employee for substances acting similarly to alcohol covers the records of all tests carried out in this respect. The employer may carry out such checks in specific situations provided for by law.
Information on a test of the employee for substances acting similarly to alcohol carried out by an authorised public order authority is also kept in Part E of the personnel file. These records matter for assessing the employee's conduct and any work-related consequences.
Electronic personnel files
For many years, employee files could be kept only on paper, and electronic form could only be supplementary. Since 1 January 2019, employers have been able to decide whether to keep files on paper or electronically, which makes managing employee records much easier.
The employer may also opt for a mixed approach to personnel files. This means continuing to keep files of longer-serving employees on paper and files of new employees electronically. This allows a gradual move to modern methods of managing records.
To keep employee files electronically, you need an IT system that meets the requirements set out in the regulation (§ 9–10) and a qualified electronic signature or qualified electronic seal. This signature or seal is applied to the digital copy (scan) of every paper document added to the electronic file, confirming that it matches the original (Article 94⁸ § 2 of the Labour Code, § 11 of the regulation).
Implementation example: A medium-sized manufacturing company decided to keep personnel files electronically for all new employees hired from January 2024. The existing paper files of 50 employees stayed in traditional form but are being digitised gradually – when it changes the form of a given employee's file, the company informs the employee that they may collect the paper records within 30 days (Articles 94⁸–94⁹ of the Labour Code). The electronic system significantly sped up HR processes and improved control over the records.
Electronic systems for personnel files must provide an appropriate level of security and data protection. The technical requirements include protection against unauthorised access, the ability to make backups and ensuring the integrity of the stored documents throughout the retention period.
The advantages of electronic files include easier records management, quick searching, automatic backups and saving storage space. Electronic systems also allow better control of access to the records and tracking of all operations performed on the files.
Security and storage of personnel files
Employee personnel files, whatever form they are kept in, must be particularly protected against falling into the wrong hands. Personnel files contain employees' sensitive personal data, so the employer must ensure an appropriate level of security for their storage.
Paper files should be kept in conditions that protect the records against destruction, damage, loss and access by unauthorised persons. In particular, this means ensuring appropriate humidity and temperature and protecting the rooms where the records are stored against access by unauthorised persons.
Rooms where personnel files are stored should have appropriate security systems. These may be locks, alarm systems, CCTV or other technical measures protecting against unauthorised access. The rooms should also be protected against natural hazards such as fire or flooding.
Access to employee personnel files should be limited to persons authorised by the employer. An electronic system must identify the persons with access to the records and log the changes they make (§ 9 point 4 of the regulation); for paper files, keeping a record of authorisations and access is good practice
For electronic files, security requirements include IT safeguards such as access passwords, data encryption, regular backups and protection against viruses and other cyber threats. IT systems must also make it possible to track all operations performed on the documents.
The employer should also draw up procedures for handling personnel files that set out the rules for accessing, viewing, copying and updating the records. Everyone with access to personnel files should know these procedures and follow them consistently.
- Protection against unauthorised access by third parties
- Protection against weather and natural hazards
- Appropriate temperature and humidity in the storage rooms
- Access control and logging of persons viewing the files
- Regular backups of electronic records
- Procedures for handling employee records
Retention periods for employee records
Until the end of 2018, employee records had to be kept for 50 years from the day the employee stopped working for the employer. From 2019, this period was significantly shortened for employment relationships established on or after 1 January 2019, which makes managing records archives much easier for employers.
For employees hired on or after 1 January 2019, personnel files must be kept for 10 years from the end of the calendar year in which the employment relationship was terminated or expired, unless separate provisions require a longer period (Article 94 point 9b of the Labour Code). The change was intended to reduce employers' administrative burden and make electronic files possible.
For employees hired before 1 January 2019, the retention period is determined under the previous rules and, as a rule, is still 50 years from the day the employee stopped working for the employer (Article 7(2) of the Act of 10 January 2018, Dz.U. 2018, item 357). This means employers must apply different retention periods depending on when the employee was hired.
The law allows the retention period for employee records to be shortened from 50 to 10 years for employment relationships established between 1 January 1999 and 31 December 2018. The condition is filing with ZUS (Social Insurance Institution) a declaration of intent to submit information reports (ZUS OSW) and the ZUS RIA information report; the 10 years run from the end of the year in which the report was filed (Article 7(3) of the Act of 10 January 2018, Articles 41a–41f of the Social Insurance System Act)
| Period of employment | Retention period | Can it be shortened? | Additional conditions |
|---|---|---|---|
| Until 1998 | 50 years | No | Full mandatory period |
| 1999-2018 | 50 years | Yes, to 10 years | ZUS OSW declaration and ZUS RIA report |
| From 2019 | 10 years | Not applicable | Shorter period applies automatically |
To shorten the retention period for employees hired between 1999 and 2018, you must file the relevant documents with ZUS. The ZUS OSW declaration obliges the contribution payer to submit information reports for all insured persons, and the ZUS RIA report contains, among other things, data on income from 1999–2018 needed to calculate the pension or disability pension base of the employees whose records are to be kept for a shorter period (Article 4 point 6a and Article 41a of the Social Insurance System Act). We can take over ZUS RIA reports and the day-to-day keeping of personnel files as part of our HR and payroll services.
After the retention period ends, the former employee may collect the records until the end of the following calendar month – they receive information about this together with the employment certificate. The employer destroys uncollected records within 12 months in a way that makes it impossible to reconstruct their content (Articles 94⁶–94⁷ of the Labour Code). For paper files this usually means shredding, and for electronic files – securely deleting data from storage media.
