On Aug. 26, CRO DP issued details of new rulebook on record keeping.
CRO DP provided details of a Rulebook on content and method of keeping records on employees coming in force Oct. 2024. bringing employers more extensive obligations.
Follows CRO DP Jun. 2024 issued guidance on consent as a legal basis, see #217728.
Rulebook Overview
Rulebook is being introduced by Ordinance on content and method of keeping records of workers employed by employers in relation to the processing of their personal data.
The Rulebook brings employers more obligations for keeping records on their workers.
These include a written review of data to enable easy and direct insight into data on workers, and will be an integral part of records on workers, the form is not predefined.
A provision is introduced that a worker has a right to access his data from the records of workers, but must report any change in data to the employer in 8 days at the latest.
Authorized persons under Labor Act and other laws must be given records and insight into written overview of worker's basic data and all evidence and documents, and records must be kept of the date and purpose of taking over the written document.
A specific list of documentation all employers must have for proof is being introduced.
The largest volume of documentation must be kept for 6 years, counting from the end of the year in which the employment relationship ended, i.e. until the final conclusion of any dispute, if the employer has knowledge that an employment dispute is ongoing.
Employers must also keep records of workers, and their working hours, who, in terms of the Labor Law, are temporarily assigned to them by companies affiliated with it, and of workers assigned to them as beneficiaries by a temporary employment agency.
As well as records on workers, an employer is obliged to keep special data records on those who perform work for them on the basis of other contracts or special regulations, specifically those undergoing professional training, students, regular pupils or children.
For records of working time, according to the Ordinance, as well as first and last name, date, total daily working time, hours of field work, hours of standby and of absence, all employers must record start and end of work, stoppage of work, and any special data.
Effectiveness
The new employee record Rulebook will now enter into force effective on Oct. 1, 2024.
Regulators
CRO DP
Entity Types
Corp
Reference
RF, PR 8/26/2024
Functions
Compliance; HR; Legal; Privacy; Record Retention; Risk; Technology; Training
