According to HG 905/2017, the employer has the obligation to prepare a personal file for each employee and to keep this file in good conditions at its premises.
The employee’s personal file contains at least the following documents:
- Documents required for employment: copy of identity card, copies of educational documents, occupational health certificate (aptitude test), copies of certificates of participation in training and/or further training courses;
- Individual employment contract accompanied by: employment information (job offer), job description;
- Additional acts/decisions on the conclusion, execution, suspension, modification and termination of the individual employment contract;
- Statements concerning the health home, the basic function and the dependants for granting the personal deduction.
In addition to these documents, which are provided for in H.G. no. HG 905/2017, and depending on the specifics of the job, it is useful that the employee’s personnel file also contains the following;
- The contract for the establishment of the material guarantee, in the case of hiring the manager;
- Criminal record certificate. This is compulsory only in cases expressly provided for in special laws. The functions for which the criminal record certificate is mandatory are: legal adviser, manager, security and protection staff, doctor, pharmacist, civil servant;
- Letter / Information on joining the private pension scheme;
- Results of the employee’s annual evaluation;
- Any other documents resulting from the relationship between employee and employer.
At the written request of the employee or a former employee, employers are obliged to provide him/her with copies of the documents in his/her personal file within 15 working days from the date of the request.
Upon termination of the employee’s activity, employers are obliged to issue him/her with a certificate attesting the activity carried out by the employee, the duration of the activity, the salary, the seniority in work and in the specialty, as well as an extract from the register.
The personal files of each employee shall be kept in conditions that ensure the security of the data and their long-term and proper storage. According to the National Archives Law no. 16 /1996, annex 6, the personal files of employees will be kept for 75 years.