Personal file of a former employee

What to do with a former employee's personnel file?

Documents or files containing personal data are filed in the personnel file, which employers keep in paper or electronic form. Once the employment relationship has ended, the question then arises as to what to do with the former employee's personnel file.

The general GDPR regulation implies that if the purpose of processing personal data ceases to exist, the controller must dispose of it. However, this does not mean that the employer should take the entire personnel file of the former employee and destroy it. In fact, the employer is entitled or even obliged to continue to process some data. Therefore, when erasing data, it is necessary to consider each data individually and ask whether there is a reason for further processing or not. If there is no reason, the employer must proceed to delete the personal data.

Protection of legitimate interests

In order to protect the employer's legitimate interests, the employer may continue to process certain personal data of the former employee. For example, a legal dispute between the employer and the former employee or between the employer and a third party cannot be excluded. In these cases, it is important for the employer to provide relevant information or data. Another reason for retaining certain data about a former employee is in case of an inspection by an inspection body. The general limitation period under the Civil Code is 3 years. It is therefore advisable to keep the following personal data of former employees for this period.

Mandatory data retention

Some legislation directly imposes an obligation on employers to keep certain documents. In these cases, of course, the employer also cannot destroy the documents when the employment relationship ends. These include, for example, copies of registration lists, payroll or accounting records, etc. As this is a statutory obligation, there is no need to seek the consent of the former employee in this context.

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CONSENT TO THE PROCESSING OF PERSONAL DATA

Identification of the controller: Ideal Mělník a.s., Nad Šafranicí 574, 27601 Mělník, ID: 25080725.

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as the "Regulation"), I hereby consent to the above-mentioned company (hereinafter referred to as the "Controller") processing the personal data provided by me (hereinafter referred to as personal data), namely cookies for the purposes of:

  • statistical(1) (e.g. the time of your visit to our website, the most frequently used part of the website, etc.)
  • preferential (e.g. browser identification, language settings, etc.)
  • marketing and advertising (e.g. personalisation of advertising, search statistics, etc.)
  • other (other unclassified technical purposes)

Consent can be set for all (Yes, I agree) or only for some purposes (by ticking the relevant section), or it is possible to reject everything (Disagree button)..

When consent is granted with marketing and preference cookies, profiling may occur.

The provision of data for the purposes of processing according to this consent is voluntary.

I acknowledge that I have the right to:

  • Request access to my personal data,
  • request the rectification or erasure of my personal data,
  • request restriction of processing,
  • object to processing,
  • to the portability of my personal data,
  • lodge a complaint against the processing of personal data with the Office for Personal Data Protection.

I have been informed that I have the right to withdraw my consent at any time in accordance with the Regulation by using this link.

All information, including how to exercise your rights, how to withdraw your consent and how long each cookie is stored, can be found in the Cookies and Privacy Policy documents on our website.

(1) ZThe processing of statistical cookies is our legitimate interest. By ticking the relevant section here, you can object to this processing and stop their processing.