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Türkiye’de Kişisel Verilerin Korunması Kanunu, Sosyal Güvenlik Hukuku, Vergi Hukuku, İş Sağlığı ve Güvenliği Mevzuatı, Borçlar Hukuku, İş Hukuku, Ticaret Hukuku, Türk Parası Kıymetini Koruma Mevzuatı, Kambiyo Mevzuatı ve Vatandaşlık ve Göçmenlik Mevzuatı ile ilgili en güncel bilgilerin yer aldığı makalelere buradan ulaşabilirsiniz.
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Türkiye ve diğer ülkeler arasında yapılan en güncel uluslararası ikili sosyal güvenlik ve vergi anlaşmalarının tarihlerine ve dokümanlarına buradan ulaşabilirsiniz.
19 Ocak 2024
Yazar Civan Güneş, Kerem Akdağ, Kategori Work Life
In business life, the organization and functioning of the relations between the employer and the employee are subject to certain rules within the framework of the Labor Law. The personnel file, which is a part of these rules, is a critical tool to protect the rights of the employer and employee, to ensure compliance with legal regulations and to manage labor relations in an orderly manner.
We have answered your questions for you.
Personnel file it is a file consisting of official documents in which all kinds of documents, information and documents obtained throughout the employee's career are recorded in an organized manner, starting from the recruitment phase. In Article 75 of the Labor Law No. 4857, the information on the personnel file is as follows: "The employer shall organize a personnel file for each employee he employs. In this file, the employer is obliged to keep the identity information of the employee, as well as all kinds of documents and records that he is obliged to organize in accordance with this Law and other laws, and to show them to authorized officers and authorities upon request. The employer is obliged to use the information obtained about the employee in accordance with the rules of honesty and the law and not to disclose information that the employee has a legitimate interest in keeping confidential."
The purpose of the personnel file is to record a wide range of information, from the employee's identity information to performance evaluations, salary information and health status.
Organizations require certain documents to be submitted to them from each new employee. These documents may differ between organizations. While a simple health report may be sufficient for some organizations, others may require a detailed health examination.
The personnel file is usually prepared and managed by the Human Resources (HR) department of companies. The human resources department is responsible for keeping track of the personal and professional information of employees in a company on a regular basis. However, what is important is not who prepares the personnel file; it is that the information and documents to be included in the personnel files are complete, stored confidentially and securely, and managed in accordance with legal regulations.
There is no format requirement set out in the Law for the preparation of personnel files. Companies may prepare their personnel files within the framework of a system determined by themselves.
The personnel file is a record that must be kept separately for each employee. First of all, the first thing to be considered is that the documents requested from the employee have been submitted in full. If the documents are completed, the procedures to be carried out in the ongoing process are as follows:
Even if the personnel file is tracked digitally, it must be submitted in hard copy (physical) form in case of an audit. A copy of the relevant file must be kept physically and with wet signature.
Regarding the retention of personnel files, the retention periods may vary according to the records and documents in the file. The Law on Obligations and the Social Security and General Health Insurance Law No. 5510 stipulate a retention period of 10 years from the date of issuance of the documents, while the records and documents within the scope of the Occupational Health and Safety Law No. 6331 stipulate a retention period ranging from 15 to 40 years.
Businesses are obliged to keep personnel files containing information about their employees as stated in the Law. Article 104 of the Labor Law stipulates that "An administrative fine of one thousand two hundred Turkish liras shall be imposed on the employer or the employer's representative who fails to organize the employee personnel files stipulated in Article 75 and to comply with the provisions of the regulation stipulated in Article 76." The penalty for not organizing the employee personnel file has been determined as 26,620.00 TRY as of 2026.
Although the documents that should be included in the personnel file may vary according to the field of activity of the organization, they generally consist of the following:
The documents that should be included in the personnel file may vary in some special cases. These special cases are listed below:
In the personnel file, the documents provided by the employee at the time of employment and the documents to be added to the file during the period of employment must be up to date. The documents that must be in the employee's file during the working period are as follows:
The documents that should be in the employee's personnel file in case the employee leaves the job are listed below:
CottGroup®, as an organization offering corporate solutions, provides an effective and reliable service in personnel file management. It allows you to make your human resources processes more efficient with its archive management service where employee personnel files can be securely stored in physical and digital environments. CottGroup's personnel file management solutions include advanced technologies to securely store, monitor and report employee information, while fully complying with KVKK compliance and security standards. Thanks to the modern and user-friendly Informasoft® Human Resources Management System, you will be able to organize, store and update your personnel files and manage your employee data in an organized manner.
Should you have any queries or need further details, please contact us.
Notification!
The content in this article is for general information purposes only and belongs to CottGroup® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.
CottGroup® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.
The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.
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