- Key Concept: Employee
An employee’s personnel file can be defined as a personal file containing the documents and records required by both the Employment Law and other laws related to the beginning, continuation, and termination of the employment relationship. The employee’s personnel file must be arranged separately for each employee by the employer. In this sense, the personnel file is important both for the proper management of labor relations and for the protection of the employee’s rights. The employee’s personnel file is one of the most important tools for the state in monitoring and supervising labor life.
- Legal Basis: Legislation
The personnel file gained a legal foundation with the enactment of the Employment Law No. 4857 in 2003. Article 75 of the Employment Law titled “Employee Personnel File” states: “The employer shall create a personnel file for each employee. The employer must keep, in this file, the employee’s identification information, along with any documents and records that are required to be prepared under this Law and other laws, and make these documents available to the competent authorities upon request. The employer is obliged to use the information obtained about the employee in accordance with the principles of honesty and legality and not to disclose information that the employee has a legitimate interest in keeping confidential.” While the law does not list every document and record that should be found in the personnel file, it states that documents and records required by the Employment Law and other laws must be included. It emphasizes that the employer must use the file legally, as long as the principle of honesty is observed. Furthermore, the employer has the obligation not to disclose information that the employee has a legitimate interest in keeping confidential. These provisions emphasize the principle of employee protection. It is seen that some of these documents and records serve to protect employees, while others are intended to prevent potential disputes between the employee and employer from arising at an early stage.
The employer must avoid behaviors that could be considered an attack on the employee’s personal rights when using or storing the personnel file. The employer must also comply with the obligation to not disclose information that the employee has a legitimate interest in keeping confidential. It is also necessary to emphasize that the employer must use the file legally, while respecting the principle of honesty.
Maintaining the employee’s personnel file is a legal obligation for every employer. According to the Employment Law, a natural or legal person, or an institution or organization without legal personality, that employs a worker under an employment contract is considered an employer. Therefore, all employers falling under this definition are required to maintain employee personnel files. However, for the personnel file to be complete and accurate, there is a responsibility on the part of the employee to provide certain documents and records to be included in the file. Additionally, each employee’s personnel file is personal in nature. The personnel file belonging to the employee is a crucial piece of evidence in the employment relationship between the employee and employer. Documents such as the employee’s start date, salary information, disciplinary penalties, etc., serve as evidence of whether the employer has fulfilled their legal obligations. Moreover, in cases where disputes may arise between the employee and employer, such as claims for severance pay, notice pay, overtime, and annual leave, documents in the personnel file are used as evidence. In this sense, both the employee and the employer benefit from the evidentiary nature of the file.
- Documents That Should Be Included in the Personnel File
The documents and records in the personnel file can be classified under three criteria: documents to be kept at the time of employment initiation, documents to be kept during the employment, and documents to be kept upon the termination of the employment relationship.
- Documents to Be Kept at the Time of Employment Initiation: These may include: “Job Application Form, Employment Contract, Employment Registration Notification, Health Report, Document Indicating Blood Type, Copy of ID Card, Passport Photo, Diploma and Certificates for Courses and Training Received, Student Certificate, Residence Certificate, Work Certificate from Previous Employer, Military Status Certificate for Male Employees, Work Permit for Foreign Workers, KVKK (Personal Data Protection Law) Information Form.”
- Documents to Be Kept During the Employment: These may include: “Wage Pay Slips, Wage Deduction Penalty Letter, Annual Paid Leave Record, Annual Paid Leave Request Letter, Document Showing that the Employee Has Received the Necessary Health and Safety Training, Documents Related to the Employee’s Applications to the Occupational Health and Safety Board, Work Accident and Occupational Disease Notification Form, Periodic Health Checkup Reports, Sick Leave Certificates, Monitoring Forms for Pregnant Employees, Documents Showing Approval for Transfer of Employee via Temporary Employment Relationship, Documents Showing Employee’s Approval for Overtime, Documents Showing Employee’s Approval for Working on National Holidays, Documents Showing Work Conditions, Letter Regarding Significant Changes to Employee’s Work Conditions, Performance Evaluation Form, Employee Warning Letters and Minutes, Solidarity Fee Request Letter, Documents Showing Overtime and Overtime Hours.”
- Documents to Be Kept Upon Termination of Employment: These may include: “Termination Letter, Employment Certificate, Release Document, Insured Job Separation Notification.”
- Timeframes for Legal Obligations
The employee’s personnel file must be kept for a certain period even after the termination of the employment relationship. According to the Employment Law, Social Security and General Health Insurance Law, Personal Data Protection Law, and academic opinions, the documents in the employee’s personnel file must be kept for at least 10 years from the date of separation. This period is crucial for providing evidence in resolving potential disputes between the employee and employer. According to occupational health and safety regulations, employees’ personal health files must be kept for at least 15 years from the date of separation, so this issue must also be observed.
- Conclusion
If the employee’s personnel file is not maintained, the employer will be the one who suffers the most. Not fulfilling this obligation constitutes a violation of the law and means ignoring many documents and records that are essential for proving the employer’s legal obligations. Additionally, the failure to maintain the personnel file negatively affects the relationship between the employer and the Ministry of Labor and Social Security. As a result, sanctions such as administrative fines may be imposed on the employer.
The aforementioned documents and records are of significant evidentiary value in legal disputes between the employee and employer. Therefore, maintaining the employee’s personnel file in a regular, complete, and legally compliant manner will minimize the employer’s legal risks in potential disputes. Moreover, the documents in the personnel file serve as evidence showing that the employer has fulfilled their legal obligations during state inspections. For this reason, it is crucial for the employer to carefully maintain and update each employee’s personnel file to ensure that the employment relationship between the employee and employer is conducted smoothly.
Zeliha Nur Yıldırım
Attorney At Law