The employer will have to abide by specific rules for creating and storing employment e-files. These rules are governed by the new Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file (“The Ordinance”). Companies shall not be obliged to keep the documents only in electronic form – the employer should assess on a case-by-case basis in accordance with the Internal Labor Rules.
The Ordinance establishes minimum requirements for ensuring security, the reliable origin and integrity of the electronic document, as well as the long-term storage of information.
Not all types of documents which may be kept in electronic form are explicitly listed. The following classification is made instead:
- Unilateral documents created by the employer;
- Unilateral documents created by the employee;
- Documents requiring the consent of both parties to the employment;
- Documents created by third parties, certifying facts related to the employment relationship;
- Other data and information concerning the employment;
Documents created by the employer must be signed with a qualified electronic signature.
The explicit consent of the employee is a mandatory requirement for exchange of documents in electronic form between the parties to the employment.
Consent can be withdrawn at any time.
Sending electronic documents will be done through an e-mail service which will provide the opportunity to prove the delivery of each message. All costs for exchanging documents will be borne by the employer.
In order to protect the rights and interests of employees the Ordinance introduces specific requirements to the employer’s information system. It should not allow accidental or illegal destruction of documents and data in it, unauthorized access, modification or dissemination of employees’ personal data.