What is a Personnel File? How to Prepare a Personnel File?

What is a Personnel File?

The personnel file is the folder in which the employer collects all the documents obtained by the employee from recruitment to dismissal. The information in the personnel file includes many topics ranging from employment contracts, working hours, holidays, salary payments, and success evaluations in the workplace. This file, which represents the entire professional history of the employee at the workplace, also plays a critical role in compliance with legal requirements. Since it also contains the information necessary to protect the rights of the employee, it must be prepared by legal regulations in every workplace.

Who Prepares the Personnel File?

The creation and management of personnel file folders is usually the responsibility of the Human Resources (HR) department. The HR department creates and continuously updates the personnel file by collecting all necessary documents during the recruitment process of the employee. HR is responsible for the legal storage of employee personnel file folders, keeping the documents in them up to date, and providing access to these documents when necessary. In addition, information such as salaries, leave, and health reports of employees are also regularly kept in the personnel file.

How to Prepare a Personnel File?

A personnel file is a more specialized type of personnel file. This file, which contains vital information about the employee's personal and professional life, is prepared to follow all processes related to the workplace within the legal framework.

The preparation process of the personnel file may include the following steps:

1. Employment Commencement Certificate: A document issued by the employer stating that the employee has started work.
2. 2. Identity Information: Identity information such as the employee's name, surname, date of birth, and address.
3. Employment Contract: The employment contract signed by the employee during the recruitment process.
4. Education and Certificates: Documents containing the diploma, certificate, or training information of the employee.
5. Performance Evaluation Reports: Performance reports regarding the evaluation of the employee's work.
6. Leave, Sickness Reports: The employee's annual leave information, sickness reports, and compassionate leave.

All documents in the personnel file should only be shared with the relevant employee and authorized persons. Keeping this file is an important document that protects the legal rights of both the employer and the employee.

How Long is the Retention Period of the Personal File?

The retention period of the personal file may vary according to legal regulations and company policies. In Turkey, according to the legal periods determined by the Ministry of Labour and Social Security, the personnel file must be kept for 10 years from the date the employee starts work. During this period, the personnel file may be needed for audits and inspections at the workplace. Documents relating to a departing employee should also be retained in case of any future legal disputes.

What is the Penalty for Not Keeping a Personal File?

If employers do not keep their personnel files in order and do not keep the necessary documents, they are not fulfilling their legal responsibilities. This can lead to various risks in the workplace for both the employer and the employee. In particular, if it is found during Ministry of Labour inspections that the personnel file is incomplete or not kept regularly, administrative fines may be imposed on the employer.

In addition, incomplete or incorrectly kept files may cause the legal process unfavorable in disputes between the employee and the employer. For example, in a lawsuit regarding the compensation rights of a dismissed employee, the lack of documents in the personnel file may pose a problem.

Which Documents Should be in the Personnel File?

The content of the personnel file covers all professional documents of the employee related to the workplace. These documents are as follows:

1. Identity Information: Basic identity information such as the employee's name, surname, date of birth, and address.
2. Labour Contract: The employment contract between the employer and the employee.
3. Salary Information: Information such as the employee's payroll, payment schedule, and additional payments.
4. Leave Records: Employee's annual leave information, sick leave, and other leaves.
5. Training Information: Training, courses, and certificates received by the employee.
6. Performance Evaluation Reports: Employee's performance evaluations.
7. Sickness and Health Information: Health reports or sick leave documents of the employee.
8. Dismissal Documents: Written documents regarding the employee's dismissal.

What are the Files Required to be in the Employee's Personal File During the Working Period?

Although certain documents should be included in the personnel file, some documents should not be included in the file for reasons of personal confidentiality. What documents should not be included in the personal file are as follows:

1. Family Status Documents: Personal family information of the employee.
2. Special Health Reports: Information about the employee's private health status should be kept only with the permission of the employee.
3. Financial Status Information: Personal financial information such as the employee's bank account details.

Such documents should only be provided by the person concerned and should only be used in specific circumstances.

What are the Documents that should be in the Personnel File in Case of Resignation?

In the event of an employee's resignation, the employer needs to organize the personnel file properly. Resignation is one of the reasons for an employee's departure, and certain documents must be included in the personnel file during this process. The employer should correctly document the resignation process and arrange the necessary papers. Below are the documents that should be included in the personnel file in case of resignation:

1. Resignation Letter The resignation letter, in which the employee formally notifies their decision to leave the job, should be added to the personnel file. This letter is an official document in which the employee requests to leave based on their decision. The resignation letter includes the employee's resignation date, reasons for leaving, and their last working day. The employer should keep this letter in the personnel file.
2. Exit Form The exit form, filled out by the employee before leaving the company, is another essential document that should be included in the personnel file. This form details the last procedures in the employee's departure process and indicates that the employee has returned any company property or fulfilled any obligations.
3. Work Duration and Compensation Calculations Documents showing the length of the employee's service and, if applicable, the compensation they are entitled to should be included in the personnel file. This includes calculations for severance pay, notice pay, and other related payments in the exit process.
4. Exit Approval from the Company The exit approval, confirming that the employee has completed the necessary steps and left the company, should also be added to the personnel file. This document shows that the employer accepts the employee's departure and that all procedures have been completed.
5. Employee's Leave Status If the employee has unused annual leave, sick leave, or other types of leave before their resignation, documents indicating the leave status should be in the personnel file. If there are any remaining leave days, these should be paid along with the severance compensation.
6. SGK Notification and Termination of Employment Documents related to the employee’s Social Security Institution (SGK) notification and employment termination process should be added to the personnel file. This includes written documents confirming that the employee’s social security premiums have been paid and that the termination of employment has been notified to SGK.

Return of Company Property If the employee has used any company equipment or materials (such as a computer, phone, files, etc.), a return and handover document confirming that the items have been returned should also be included in the personnel file. This is an important step to ensure the company’s assets are not damaged or lost.