What are the employer’s obligations?

Each employer has the obligation to establish a personnel file for every employee and to keep the file in good condition at its headquarters, as well as to submit it to the labor inspectors at their request. These obligations are governed by H.G. No. 905/2017 on the general register of employees’ records.

What should the employee’s personal file contain? 

This decree governs, in Article 7, the mandatory documents to be included in the personnel file of each employee. These refer to:

1. The documents required for employment, namely:

• copy of the identity card/passport or confirmation of residence
• copies of study diplomas
• the advice of the occupational health doctor (the aptitude note)
• copies of certificates of formation courses

2.The labor contract

3. Addendums regarding the conclusion, execution, suspension, modification and termination of the individual labor contract

4. Other documents:

• The employee’s requests for vacation (holiday or unpaid leave)
• Self-declaration of dependents for personal deduction

Additional mandatory documents

In addition to these mandatory documents, the employer may request and keep for the personnel file the following documents which he considers important for the course of the employment relations, for the certification of the legality and correctness of filling in the register, but also for the salary calculation:

• Employee Candidate’s agreement on the processing of personal data;
• The medical certificate issued by the employee’s family doctor;
• Birth certificate, marriage certificate, child birth certificate and divorce decree;
• Copy of the labor card/copies of the seniority certificates from previous jobs;
• Recommendations from previous jobs;
• The judicial record in original;
• Curriculum vitae, signed and dated by the employee;
• Employment offer;§  Job description;
• Evaluation report according to established criteria;
• Copy from the military record, if applicable;
• Copy of driving license, if applicable;
• The bank statement for the account where the salary is transferred;
• The stage certificate with the contribution for the last 12 months;
• Employer’s self-declaration for the place of the main labor contract and the name of the Health insurance office where he/she is enrolled;
• Self-declaration by the employee of his dependents for the deduction and the supporting documents of the dependents;
• Employee’s self-declaration regarding the employer’s Internal Regulation;
• Records of receiving company’s assets (mobile phone, laptop, car).

A unitary structure for each individual file

In order to manage and update the personnel file as efficiently as possible, a unitary structure can be established, to be respected for each individual file.  Therefore, documents can be categorized as such:

1. The labor contract, addendums, suspension/termination decisions, in chronological order, so that the last document certifies the current situation of the employee;
2. The aptitude note, the medical certificate issued by the family doctor, the medical report (in the case of pregnant workers) for the attestation of the health situation of the employee;
3. Copies of the employee’s personal documents: identity card/passport, birth certificate, marriage certificate, child birth certificate and divorce decree, driving license, the judicial record, military record;
4. Copies of study diplomas and certificates of formation courses;
5. Job description and evaluation report according to established criteria, employment offer and CV;
6. Documents from the former employer(s): the labor card and seniority certificates, recommendations, the stage certificate
7. Declarations of the employee regarding the place of the main labor contract, the Health insurance office, the dependents, the acknowledgement of the Internal Regulation and the records of receiving company’s assets.