An employee’s personal file - how to formalize it correctly

The obligation to maintain personal files of employees is assigned only to government bodies and organizations. Commercial companies do this at their own discretion. In this regard, at present there is no clearly defined form of such a document, as well as rules for its execution. As a result, specialists often do not have an understanding of how to compose the cover page of an employee’s personal file correctly and correctly. Therefore, in this article we are talking about the cover (title page) of a personal file and provide a sample for 2021.

General requirements for the cover of a personal file

On the first page of your personal file you must provide information that allows you to clearly identify:

• its belonging to a certain nomenclature group;
• its content;
• shelf life.

There is no legislative regulation of the registration procedure , but in practice we recommend using the rules given in the order of the Ministry of Culture of Russia dated March 31, 2015 No. 526.

Thus, the title page of a personal file must include (clauses 4.25, 4.28, 4.29 of Appendix No. 28 to Order No. 526):

1. The full name of the organization is in the nominative case.
2. Division name.
3. Case registration number or index.
4. Volume serial number – if it includes several folders.
5. Name of the case - as a rule, full name is indicated in this line. employee.
6. The start date of the case, and for dismissed employees - the end date of the case.
7. Shelf life.
8. A code that allows you to identify the location where the case is stored in the archive.
9. Number of sheets in file.

If during the existence of the company it was reorganized and changed its name, when re-registering the title page, the new name of the organization is indicated on it, and the old one is placed in brackets.

The case registration number is duplicated on the spine of the folder.

On the back of the title page of the personal file, you can place an inventory of the documents included in it.

The data can either be entered by hand directly into the prepared form, or filled out on a computer, printed and pasted on the first page of the folder.

Storing personal files of employees in the HR department

In the HR department, personal files of employees are kept for the entire period of their work in the organization. When an employee resigns, the case is closed. No earlier than one year and no later than three years after the completion of the case, it is transferred to the archives of the organization.

When registering a case for storage, you need to:

• make stitching or binding in a cardboard cover with 4 punctures;
• number the sheets and attach an internal inventory;
• draw up a certification sheet on the form presented below;
• draw up the cover (title page), indicating on it, among other things, the date of completion of the case and the total number of sheets, taking into account the certification sheet.

The case is ready to be transferred to the archive.

The period for storing personal files of employees in the archive is strictly regulated.

According to Art. 22.1 of the Law “On Archival Affairs” dated October 22, 2004 No. 125-FZ, documents on personnel completed by office work before 01/01/2003 are stored for 75 years, after 01/01/2003 - 50 years. A personal file can only be destroyed when the storage period has expired. Personal files of managers are stored indefinitely (Article 445 of the Rosarkhiv List).

We talked in more detail about the storage periods for documents in an organization, as well as about the procedure for their destruction at the end of the storage period here.

Sample of filling out the title page

The procedure for filling out the title page, as well as its form, is not regulated. Therefore, if you need to indicate other information, you can enter additional fields and blocks in the form given above.

The company has the right to develop its own format for the cover of a personal file and approve it by order of the head of the company.

Below is a typical completed sample cover page of the personal file of an employee of a commercial company.

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23.10.2020

Formation of an employee’s personal file

Since a personal file is one of the HR documents, when preparing it you must adhere to the following rules:

• all documents contained in the personal file must be neatly executed and properly secured;
• documents that involve entering data into them (personal card, orders, etc.) should not contain corrections or errors; they cannot be drafts. Entries in such documents can be made by hand or using a computer;
• The LD, which stores copies of the employee’s individual documents, such as an employment contract, must be stored in a place inaccessible to unauthorized viewing of the documents contained in it.

As a rule, all documents in a personal file are filed in a binder or stored in a folder with drawstrings, and they must be located in the sequence established by the instructions.

What should it contain

The personal file may include the following documents:

• personal card form T-2, and it must be created for each employee, regardless of whether personal files are formed at the enterprise;
• copies of personal documents that the employee provides when applying for a job (passport, SNILS, Taxpayer Identification Number, diploma, military ID);
• employee application for employment;
• one copy of the employment contract and additional agreements thereto;
• a copy of the employment order;
• statements and copies of orders reflecting the employee’s movements within the organization (change of job title, transfer, etc.);
• documents evidencing the employee’s right to perform the work assigned to him (driver’s license, medical certificates);
• notes on penalties and awards received by the employee;
• a copy of the dismissal order;
• resignation letter or other document that served as the basis for termination of the employment contract.

Video - composition of a personal file:

Employee personal card in form T-2

As mentioned above, a personal card is a document that must be issued for each employee.

The unified T-2 form is filled out when hiring an employee and contains all the necessary information:

• all personal data of the employee;
• about the employee’s education;
• about the employee's length of service;
• about relatives;
• about place of residence;
• about military registration;
• about work and its changes;
• information about advanced training or training with this employer;
• information about employee vacations;
• information about dismissal.

That is, the personal card contains almost all the information that may be useful in the course of work for a personnel officer or accounting department. Therefore, many employers limit themselves to maintaining this form, into which they simply attach copies of documents. Without indicating in internal documents that it is necessary to create personal files at the enterprise and without regulating the procedure for maintaining them.

Video - how to fill out an employee’s personal card in form T-2:

This will not be a violation, since during the check they only pay attention to the presence of a correctly executed T-2 card.

What documents are included in a personal file?

It is recommended to place documents in your personal file in the following sequence:

1. An inventory of the composition of the personal file, the sequence of all documents for easy searching.
2. Application for a job.
3. Employee profile with photos.
4. Employment contract.
5. A copy of the employment order.
6. A copy of the certificate and diploma of education.
7. Documents from the military unit, as well as confirming the absence of a criminal record.
8. Registration at the place of residence.
9. Characteristics from previous places of work, letters of recommendation.

An inventory of an employee’s personal file consists of a title, document number and index, inclusion date, sheet number and note. The note usually indicates which document is used - a copy or an original.

What documents are prohibited from being stored in an employee’s personal file in 2021?

According to a statement by Rostrud employees, the list of prohibited papers that cannot be filed in an employee’s personal file includes all documents and their copies that are not related to the citizen’s work activity, such as, for example:

1. military ID;
2. TIN;
3. passport and copies of its pages;
4. SNILS;
5. birth certificates of children and marriage.

Thus, the presence of all the listed papers is a direct violation of the constitutional rights of a citizen of the Russian Federation to the inviolability of personal/private life. Collecting this information without a person’s permission is prohibited!

In addition, storage of the listed papers violates the norms of Federal Law No. 152, adopted on July 27, 2006 and entails punishment, namely the imposition of an administrative fine under Part 1 of Article 13.11 of the Code of Administrative Offenses of the Russian Federation.

Lawyer's Note

It is worth noting that in this case, even the employee’s written consent to the collection and processing of his personal data cannot save the employer from punishment!

In the last similar case, in which lawyers from the Legal Ambulance website participated, the employer was fined 50,000 Russian rubles simply for having a copy of the passport in the employee’s personal file. It is almost impossible to prove that you are right in this case.

Don't have time to delve into legal nuances? Asking a lawyer is faster than reading ! Get a FREE online consultation from the best legal experts - right now !

What should be in an employee’s personal file, besides personal information

The number of documents relating to the labor activities of personnel is unlimited and can amount to several dozen sheets. To quickly obtain information, you can include a personal card (T-2 for commercial enterprises) or a personal personnel record sheet in the employee’s personal file in 2021.

Form T-2 is established by the State Statistics Committee, but enterprises are given the right to independently develop the document. According to the unified format, the card contains all the information necessary to fully familiarize yourself with the qualifications and work activities of the personnel. The basis for filling out the column is the employee’s personal file and the documents in it. Only the composition of the family is recorded from the words.

When applying for a job, passport data, INN and SNILS numbers, information about qualifications and education, and additional information are indicated. The correctness of the content is certified by the employee’s signature. During the working period, a card is generated based on what is included in the employee’s personal file - orders, copies of certification certificates, certificates.

To control the receipt, issue and return of personal files, a logbook is kept. Movements are accompanied by a mandatory check of the inventory of what the employee’s personal file consists of.

List of documents included in the personal file of employees in 2021

In order not to violate Russian legislation, it is recommended that each employer personally familiarize the personnel officer with the list of papers that should be in each employee’s LD.

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This list of documents in 2021 includes such main papers as:

1. an employment contract signed by the employee, as well as additional agreements accompanying it (if any);
2. orders to impose penalties or rewards from superiors;
3. an agreement on the individual financial responsibility of the employee, if his position requires the availability of this document;
4. a non-disclosure agreement signed by the employee regarding information that is a company secret;
5. acts of violation of labor discipline;
6. explanatory and memos;
7. The order of acceptance to work.

Each additional certificate is filed by the personnel officer in a folder in strictly chronological order, after which he draws up an inventory of documents (this is a mandatory item, failure to comply with which may lead to penalties).

It is worth noting that the documents stored in the employee’s personal file for verification by the labor inspectorate must be supplemented with a signed consent to the processing of his personal data.

What documents can be stored in a personal file with the consent of the employee?

When answering the question of what should be kept in an employee’s personal file in 2021, it is worth mentioning the medical records of employees, which some employers store in the LD.

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Indeed, if an employee’s position involves his contact with food, children or, for example, medicines, the employer, according to current legislation, has the right to demand this document. However, its storage becomes possible only after obtaining consent from the employee to process his personal data.

The same rule applies to the following documents:

• certification sheets;
• diplomas, certificates and other educational documents;
• certificates of no criminal record or its presence;
• documents on advanced training;
• characteristics from educational institutions, as well as past places of work.

Let us also remind you that employee work books must be stored separately from the rest of the personnel documentation. Most companies use reliable safes for this purpose, to which only HR staff have access.

How to properly manage the personal file of each employee

In any case, every employer must understand that maintaining an employee’s personal file is not a one-time, but a regular activity. After all, over time, the information and documents in the LD will have to be updated. This can only be done by obtaining a written statement of consent from the employee himself and introducing any papers, however, as well as removing them from the file - the personnel officer has no right!

At the same time, the release of the personal file in question can only be carried out by order of the head of the company. The same rule applies to the employee himself for whom the LD is opened. At the same time, each employee has the legal right to familiarize himself with his personal document at any time convenient for him, but to remove it from the personnel officer’s office only with the permission of the employer.

In the event that a third-party organization requests access to the folder, its employees must submit an official request for this, and the transfer of documents will become possible only after receiving the employer’s resolution and drawing up an act in 2 copies.