On 13 March 2023, a regulation was published in the Journal of Laws modifying some of the regulations on employee documentation. The regulations will be adapted to the amendment to the Labour Code, which concerns employee sobriety checks and remote work. As a result, some parts of the personal files will undergo some changes.
Employee’s personal file – new part E
The regulation in the provisions of the Labour Code of the possibility for the employer to introduce preventive sobriety tests and tests for the presence of substances acting similarly to alcohol – through the provisions of the work regulations or announcements concerning the one – is associated with the appearance of certain documents and related information. Due to the need to collect new documents in the employees’ personal files, which are not classified in any of the currently applicable parts of these files, the documentation concerning sobriety tests is to be stored in a new part of the personal files, i.e. part E.
In the new Part E, the following information will be stored:
a) information on the employee’s sobriety test carried out by the employer (Article 221c § 6 of the Labour Code),
b) information on the employee’s sobriety test carried out by an authorized body appointed to protect public order (Article 221d § 10 of the Labor Code),
c) information on the control of the employee for the presence of substances acting similarly to alcohol in his or her body (Article 221d § 10 and Article 22 1e § 2 of the Labour Code),
d) information on the employee’s examination for the presence of substances acting similarly to alcohol in his or her body, carried out by an authorized body appointed to protect public order (Article 221d § 10 and Article 221f § 2 of the Labour Code).
The employer will keep the above information in the employee’s personal file for a period not exceeding one year from the date of its collection. After this period, the information is deleted. Documents in part E of the employee’s personal file will be stored in separate sections related to a given inspection (E1, E2, etc.). If the information related to the inspection is removed from the personnel file, the employer will have to delete the entire separate part concerning this information.
Employee’s personal file – extended part B
The personal files in part B will store documents related to the performance of remote work, which is a permanent part of the Polish labor law. Part B also contains documents on the rules and methods of conducting employee sobriety tests.
In accordance with the Regulation, part B of the employee’s personal file will be extended to include documents confirming that the employee has been informed about:
- introduction of sobriety tests or tests for the presence of substances acting similarly to alcohol,
- the group or groups of employees subject to the inspection,
- the way the checks are carried out.
In connection with remote work, part B will store:
- confirmation, in writing or electronically, that the employee has read the following prepared by the employer before being allowed to perform remote work:
– occupational risk assessment,
– information containing the principles of safe and hygienic remote work. - order to perform remote work under Article 6719 §3 of the Labour Code
- agreement between the parties to the employment contract regarding remote work in accordance with Article 67(19) §1 of the Labour Code
- revocation of the remote work order
- cancellation of remote work
- requests for remote work of privileged employees (Article 6719 §6 of the Labour Code) and other employees
- agreement with the employee regarding remote work (Article 6720 §5 of the Labour Code)
- requests to cease remote work agreed upon during employment and to restore the previous conditions of work (Article 6722 §1 of the Labour Code)
- the rules for settling the costs of remote work (Article 6724 §2 of the Labour Code).
The regulation enters into force on 21 March 2023, while the provisions on remote work enter into force on 7 April 2023. By 4 April 2023, employers must adjust the method of storing documents related to employee sobriety tests and checks for the presence of substances acting similarly to alcohol in their body, collected before the date of entry into force of the regulation.
