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20 January 2024Briefing Note

The Importance of Personnel Files

THE IMPORTANCE OF THE PERSONNEL FILE

There is an official file that must be kept for everyone working at a workplace: the personnel file. This file is the written record of the entire process from the worker's entry into employment to their departure.

Statutory Requirement

In the private sector, employers are obliged under Employment Law No. 4857 to keep a separate personnel file for each employee.

In public institutions, a personnel file is maintained for each civil servant under Civil Servants Law No. 657.

This is therefore not a matter of choice but a statutory obligation.

Documents That Must Be Kept in the Personnel File

The personnel file is not a body of documents that the employer may shape entirely at its own discretion; certain documents required by law must be present in the file.

The following documents are generally included:

copy of identity document

certificate of residence

criminal record certificate

copy of diploma

health report

employment contract

social security employment entry declaration

payslips

annual leave records

occupational accident reports (if any)

letter of resignation or termination documents

These documents become the most important evidence in any dispute that may subsequently arise.

Data Protection and Confidentiality

The personnel file also contains personal data. It must therefore be protected under Personal Data Protection Law No. 6698.

Not everyone may have access to the file.

Documents must be stored securely.

Data whose retention period has expired must be deleted or destroyed.

The employer is under an obligation to keep the employee's personal information confidential.

Retention Periods for Documents

In the private sector, workplace books and documents are generally retained for 10 years; in public institutions for 30 years, while civil servants' personnel record files are retained for 101 years from the date of the last transaction.

It is possible to keep the personnel file in digital form; the law does not preclude this. Security measures must, however, be taken.

The Employer's Obligations

Keeping an incomplete personnel file may have serious consequences:

In claims concerning overtime or leave, the burden of proof lies with the employer.

Missing documents may result in the case being lost.

Labour inspectors may impose administrative fines.

Failure to produce documents may lead to severe sanctions.

Indeed, as at 2026 the administrative fine applied for breach of Article 104 of Employment Law No. 4857 has been set at TRY 26,620.

The Employee Has the Right to See Their File

Employees have the right to access the records kept about them. The employer must be transparent in this regard.

Conclusion

The personnel file is not merely a folder of documents.

It is the foundation of the employer's legal responsibility,

of data protection compliance,

and of evidential strength in any future litigation.

Personnel files that are not kept in an orderly, up-to-date and lawful manner may expose the employer to serious risks.