Archiving HR documents

The regulations on archiving documents are found in Law no. 16/1996 on National Archives, republished. Also, Law no. 135/2007 republished regulates the archiving of documents in electronic form.

In the archive the employer keeps the documents (in original) of human resources/payroll etc., created over time, documents on the basis of which copies, certificates, and extracts concerning the rights of employees are issued.

If the original document is on paper, then it is archived in this form, in compliance with the provisions of Law no. 16/1996.

If the original document is in electronic form (electronic document signed with an electronic signature) then it is archived in electronic form, in compliance with the provisions of Law no. 135/2007.

Thus, the Law no. 135/2007 states that the reception of a document in electronic form in the electronic archive is conditional on the following requirements being met:

a) the signing of documents in electronic form, with the extended electronic signature of the holder of the right of disposal of the document, hereinafter referred to as electronic signature;

b) the validity of the electronic signature of the holder of the right of disposal of the document;

c) the submission of the encryption and decryption key for encrypted documents falling under Law no. 16/1996, as amended and supplemented;

d) transmission of the information referred to in Article 8 para. (2) of the Law no. 135/2007.

Electronic archives are managed by electronic archive administrators - natural or legal persons accredited by the regulatory and supervisory authority specialized in the field to manage the electronic archiving system and the documents archived within the electronic archive.

The preparation and maintenance of personal files are legal obligations that employers have, according to GD 905/2017. The employee's personal file includes, in essence, the documents required for employment, the individual employment contract, additional acts and other documents relating to the amendment, suspension, and termination of individual employment contracts, educational documents/qualification certificates, and any other documents certifying the legality and correctness of the completion in Revisal.

Author: Attorney at law, Ana Maria Nistor, Law Office Grecu & Partners.

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