03.07.2024

WE HAVE THE RIGHT TO FREE ACCESS TO OUR WORK DOCUMENTS

In our modern work environment, information plays an important role, and workers are increasingly interested in the documents their employers keep in their employment records. How workers can gain access to their employment documents?

First of all, it is important to note that workers' access to these documents is free. The employee has the right to receive a copy of them upon written request and the employer is obliged to provide these documents within a reasonable time.

This process of discovery of employment documents not only increases transparency and protection of workers' rights, but also highlights the importance of complying with legal requirements for the storage and protection of personal data in the work environment.

Workers must be informed and look after their interests as part of the employment relationship, while respecting the interests and rights of employers.

Why should workers have free access to their employment documents? Free access to labor documents allows workers to be informed about their rights and to monitor their compliance. This kind of transparency is key to ensuring fairness and protecting workers' rights. Free access creates greater transparency in the relationship between worker and employer. This in turn promotes trust and improves communication between the parties. Also, workers should be able to control their own work data and become more independent in decision-making. Free access helps them in this goal.

By law, employers are required to maintain an employment record for each worker. The employment file contains documents that testify to the beginning, duration and termination of the employment relationship between the employee and the employer. When the employer creates and stores electronic documents in the employment file, he is obliged to notify the employee. The order and manner of notification shall be determined by the Rules for the Internal Labor Code. In the employment contract or in another written form, the parties to the employment relationship may give express consent to be the addressees of electronic statements regarding facts and circumstances related to the employment relationship.

These employment documents can be divided into five categories:

1. Unilateral documents created by the employer:

This category includes key documents such as employment contracts that define the job position, salary and work rules. Also included are documents that record the worker's remuneration and social benefits.

2. Unilateral documents created by the worker:

This includes applications for leave and sick leave, which testify to the employee's absences. In addition, notes and reports written by the worker himself contain information about the performance of his tasks and projects.

3. Documents requiring consent of both parties:

This type of documents includes agreements on bonuses and additional social benefits concluded between the employee and the employer. This may also include consents to the use of personal data for marketing purposes, etc.

4. Documents issued by third parties:

References from previous employers that confirm the worker's professional experience are included in this category. Medical reports and certificates issued by doctors contain information about sick leave and medical conditions.

5. Other data and information:

This includes correspondence, as well as training materials and information related to the work tasks and professional development of the worker.

When it comes to rights and transparency in the working environment, workers' free access to their employment documents is essential. This access ensures the protection of rights, supports transparency and promotes equality and justice.

Reference:

Art. 128a of the Labor Code

Art. 128b of the Labor Code

Art. 3, Art. 4, Art. 5, Art. 6 of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employee's employment file