Should the HR department keep copies of passports. Is it possible to store copies of an employee's documents (a copy of a passport, snls, work record book) in his personal file? clarification of rostrud

In connection with the tightening of legislation on personal data, many personnel specialists are interested in the question of whether it is possible to store copies of documents in the employee's personal file. The answer to this question was given by Rostrud, analyzing the appeals of citizens and organizations.

The condition under which it is safe to store copies of documents Specialists of the Federal Service for Labor and Employment draw attention to the fact that the procedure for maintaining a personal file at the legislative level is not established. In this regard, officials propose to focus on the regulations governing relations in the field of privacy, as well as the collection and storage of personal information.

Rostrud emphasizes that according to the Constitution, it is forbidden to collect, store, use and distribute the personal data of a citizen, only if he himself has not consented to the processing of his personal information. Similar norms are contained in the Federal Law of July 27, 2006 No. 152 "On Personal Data".

Taking this into account, if the employee has agreed to store and process information about himself, the employer has the right to keep copies of documents in the employee's file, in particular, passports, SNILS, TIN.

At the same time, officials specify that in Art. 86 of the Labor Code of the Russian Federation, the purposes for which employers are allowed to use the personal data of employees are designated. They are used to: ensure compliance with laws and other regulations; assistance in finding a job; providing education and promotion; ensuring the personal safety of employees; control of the quantity and quality of work performed and ensuring the safety of property.

The list of purposes for which employers can use the personal data of employees is closed, and copies cannot be used in any other way. For example, a passport copier will help fill out the employee's personal card, maybe a couple more documents, but then it is no longer needed. But many organizations keep copies of passports and other documents according to tradition, without fully understanding why they are needed. And even after being fired.

Now for storing personal data of an employee "just like that" is fined, and employers began to worry: what to do? If the organization really needs such documents, stipulate this with the LNA, obtain consent for storage, and then be ready to explain to the inspectors what they are used for.

Fines for non-compliance with the law Is it possible to keep copies of documents in the personal files of subordinates, like, officials answered. Nevertheless, in judicial practice there are already cases when the judges considered it unnecessary for the employer to have copies. In particular, the Resolution of the Federal Antimonopoly Service of the North Caucasus District of 11.03.2014 on case No. A53-10287 / 2013 states that for the processing of personal data of employees who are hired, it is enough to verify the information with the originals, and there is no need to store copies of passports. It is up to you to decide whether to invest copies of their personal documents in the files of employees or not.

We will only remind that for violation of norms in the field of personal data punishment is provided under Art. 13.11 of the Administrative Code of the Russian Federation. So, for the processing of personal information in cases not prescribed by law, as well as for processing incompatible with the established goals, officials can be fined 5,000-10,000 rubles, and the organization - 30,000-50,000 rubles. In the light of the explanations of Rostrud, employers may be able to fine in accordance with paragraph 2 of Art. 13.11 of the Administrative Code of the Russian Federation. According to it, for processing information without the written consent of the subject of personal data, the fine for officials is increased to 10,000-20,000 rubles, and for companies - up to 15,000-75,000 rubles.

It is important for any employer that the personal data of company employees is stored systematically.

• The first argument is that this is more convenient and simpler, if necessary, you can easily and quickly find information about a specialist.
• The second is reliable protection of personal data.
• And the third is the ability to make adjustments and additions quickly enough.

Each of these tasks is handled well by a tool such as employee's personal file.

Is it obligatory to keep an employee's personal file

The employee's personal file is a collection of documents containing the most complete information about the specialist and his work activity. It is drawn up after the issuance of an order on the enrollment of a citizen to a position in the organization.

A personal file consists of a title page (cover) and documents that contain the necessary information about a person and his work activity.

For employers, unlike government agencies, the procedure for the formation of personal files of employees is not provided and is not mandatory due to the fact that the maintenance of personnel records of personnel of commercial organizations is regulated by regulatory documents, and not at the legislative level. Thus, the specialists of the personnel department can form personal files not for the entire team, but only for its main part, which includes:

• leading positions and their deputies;
• leading experts;
• financially responsible employees (, cashiers, etc.);
• specialists with the prospect of promotion, etc.

But practice shows that it is much easier to keep records of all employees, regardless of their position, since this package of documents is an ordered source of information about each specialist, available at any time. This is what they do in most companies, because all copies of the employee's documents, orders and other important papers are kept in the personal file.

Its form is not unified, there is no single sample of an employee's personal file, so each company owner decides this issue independently. When creating a package, it will not be superfluous to familiarize yourself with the requirements of GOST 6.30-2003 “Unified system of organizational and administrative documentation. Requirements for registration ".

The personnel department stores only the personal files of employees currently working in the company, and the papers of those dismissed are sent to the archive no later than three years after the person leaves the company.

What fines are threatened for the lack of consent of employees to the processing of their personal data

If you keep personal files of employees, then your company is the operator of personal data, which is responsible for ensuring the legality of their processing.

Find out what the fine is for incorrect storage of personal data of an employee and how to avoid it, in the article of the electronic magazine "Commercial Director".

Documents that are part of the employee's personal file

The list of documents that must be included in the employee's personal file is approved only for civil servants. Despite this, companies that are not associated with the government service can also use this list and determine what papers they need to form an employee's personal package.

1. Documentation that is provided by a citizen at the time of hiring:

• a copy of your passport or any other identity document;
• a copy of documents on education, qualifications or any special knowledge;
• a copy of the insurance certificate of the state pension insurance;
• a copy of military registration documents for citizens liable for military service who are subject to conscription;
• a copy of the certificate of tax registration of an individual with the state fiscal authority;
• a certificate of the results of a preliminary medical examination, which is carried out to determine the suitability of employees to perform the assigned work in situations provided for in the legislation;
• a certificate of the presence / absence of a criminal record and / or the fact of criminal prosecution, or of its termination on rehabilitating grounds when applying for a job related to activities that, according to the Labor Code of the Russian Federation, other Federal Laws do not allow convicted citizens or those who have already served time and are subject to criminal prosecution (in including those in the past).

2. Documents that appear in the course of the work of employees:

• copy of marriage / divorce certificate, birth certificate of children, driver's license;
• a copy of the liability agreement (for employees who have obligations to compensate for damage);
• job descriptions;
• additional agreements to the employment contract;
• copies of orders for the transfer, encouragement, application and removal of disciplinary sanctions, promotion, etc .;
• certificates on the results of periodic medical examinations / examinations;
• copies of documents confirming disability and limited ability to work (for employees who have these testimonies);
• non-disclosure agreement of confidential information (if the employee has access to such data);
• certification sheets;
• reports, explanatory and service notes, applications for granting leave to the employee;
• various acts and notifications;
• copies of documents on professional development, etc.

3. Documents on termination of employment:

• employee's letter of resignation;
• copy of the order for dismissal.

It is necessary to pay attention to the fact that a copy of the work record book can be included in the employee's personal file, but not its original itself. It is worth noting that work books and inserts to them are stored as documentation of strict accountability, that is, in safes, specially equipped rooms in such conditions that prevent their disappearance or damage, and are issued to the official responsible for their maintenance, only at his request.

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How to fill in an employee's personal card in a personal file

A personal card is a document that is drawn up by the HR department for each employee at the time of his enrollment in the company. It is required in order to keep track of the labor of the enterprise personnel. The card is part of the employee's personal file and is filled out by a specialist in the personnel service on the basis of an order for employment, a passport of a citizen of the Russian Federation, a work book, an education document, a certificate of state pension insurance, a military card and other documents that are provided for by Russian legislation, as well as data voiced by the person himself.

For the competent performance of official duties, each HR specialist must know how the employee's personal card, Form T-2, is filled out.

Unlike the employee's personal file, the card allows, in a simplified version, to combine all the data that are relevant to the new team member. Further, the specialists of the personnel department make adjustments to it: change of name, address of residence, marital status, etc.

Unlike personal affairs, which, as a rule, are not issued for ordinary workers (for junior staff), all employees must have personal cards, regardless of their position. They are filled in by hand so that a person can familiarize himself with it and sign it.

Let's discuss how each section of the personal card is designed.

Section No. 1.

This section is reserved for general information about the citizen: his passport data, place of residence, date of birth, diploma of education, etc. The number and number of the employment contract with the employee are also written here. Information can be indicated using abbreviations; in such a situation, it is necessary to apply a generally accepted system. Previous work experience is taken from the entries in the work book (employment contracts, etc.). It is reflected in days, months, years.

When calculating the length of service, it is necessary to use clause 61 of the Instructions for filling out forms of individual (personified) accounting in the compulsory pension insurance system, approved by Resolution of the PFR Board No. 192p. from 31.07.06.

The duration of work experience is determined as the difference between the dates of the end and the beginning of the periods indicated in the work books. Since the day of dismissal is the last day of work, it should be added to the total period of employment. The calculated total experience is written in total - this is the number of years, months and days that a person has worked.

Section number 2.

This section is necessary for the male half of the population and includes information on military registration. It is filled out on the basis of a military ID (or a temporary certificate issued in exchange for it) or according to the data of a citizen's certificate subject to conscription. For persons in stock, there are a number of features for entering information into a personal card.

For specialists who have an officer's rank, it is not required to fill in the "reserve category" column. However, abbreviating names, descriptions or designations is prohibited.

If the employee is unsuitable for military service, then a note must also be made about this. In this situation, it is prescribed that he was removed from the register by age or physical condition.

Section No. 3.

The third section is not completed at the time of hiring an employee and is required only when the head of the company conducts certification of his personnel.

The basis for making adjustments to the employee's personal card is the order, on the basis of which the procedure for certification of the professional aptitude of the employees of the enterprise is organized.

It is also mandatory to indicate what the certification commission decided. After the examination procedure is completed, the adjustments are made, the employee can familiarize himself with his personal card and put his signature on it.

Sections No. 4, No. 5 and No. 6.

This part contains the requirements for filling out the T-2 card as part of advanced training. All data on the duration of the training, the specialization received, etc. are displayed here. The information is written off from the diploma or certificate that was issued to the employee after the completion of the educational process.

You can also record whether the training of a specialist is a company initiative. If this is the case, then a note on the number and date of the order is put on the personal card, which confirms this decision. If the training initiative came from the employee himself, then it will be enough to enter the type of document issued to him in this regard, for example, a diploma, certificate, certificate, and its number.

Section No. 7.

This section indicates the awards that were received by the employee in the course of work in his position. In addition to the name of the promotional badge itself, the number and date of the order for its award should be recorded. Information about the monthly cash bonuses that are included in the system of payment for working hours is not included in this section.

Section number 8.

Section 8 provides information on when and how the employee goes on vacation. It is filled in the current order as needed. First, a specialist in the HR department, on the basis of an order for leaving on vacation, enters the date from which the employee's rest period begins, and then, after the person has re-entered the service, the personnel officer makes a record of the end of his vacation.

Such a regulation for the reflection of information was adopted in order to avoid changes in the personal card: an employee can apply for resignation from work, or he may have health problems during his vacation, and he will go on sick leave. Information about vacation at your own expense is also recorded in the employee's personal card, like the rest of the data.

Other sections.

Two more sections contain information on benefits, on the procedure for their provision. Additional data are also written here, which are not suitable in terms of their content for inclusion in the previous eight parts.

The final section of the employee's personal card contains information about his dismissal. This is where the last entry is made about the history of the specialist in the organization. An employee of the personnel department enters data on the release from office on the last working day of a person and invites him to get acquainted with this information. A resigning specialist is obliged to sign his personal card and work book.

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Registration of personal files of employees in stages

Stage 1. Cover design (title page).

The outer side of any folder containing documents must reflect all the important data for finding and identifying the information found. Requirements for the design of the cover of an employee's personal file and a sample are presented in GOST 17914-72 of July 17, 1972.

GOST assumes that at the top of the folder there are lines, the data in which are filled only by state / municipal archives at the time of acceptance of the employee's personal file for storage. For example, the code of the company that sent the case for saving, the code of the state archive, its name.

But at the moment, most repositories are systematized and do not fill in this information manually, as it was before, but put down a pre-prepared seal. In this regard, the company will only need to leave a little space at the top of the cover of the personal file for such a mark.

It is mandatory to display the following information:

1. In the center, indented from the top edge and the place for printing the archive, the full and abbreviated name of the organization that compiled the employee's personal file is indicated.
2. Below, also in the middle of the cover, is the name of the structural department of the company in which the employee works. It is important after this line to leave room for data clarification when a specialist changes a production site. In this situation, the name of the previous structural unit of the company is taken in brackets.
3. The number of the employee's personal file is registered, but in front of it, at the beginning, the index according to the nomenclature of the enterprise's affairs is indicated (Case No. 17 (index) - 348 (number)).
4. Then the title of the personal file follows, in this situation it is the full name of the employee to whom it was filed.
5. In the lower corner on the right, the deadlines are recorded: the opening of personal accounts, that is, the day the employee was hired, and the closing, that is, the number of dismissals from the company. The number of sheets in the folder after its inventory and the storage period are also indicated.

Stage 2. Formation of the folder.

It must also be said that according to GOST 17914-72, documents for long-term storage, including the employee's personal file, should be exclusively with a solid cardboard cover. The archive is not allowed to accept plastic binders or files from the company.

The list of documents that must be bound in the cover for civil servants is regulated by the legislation of the country. For other groups of employees, their list is established by local acts of the company.

The personal file of the employee includes only those documents that are of the greatest importance, as well as the company's papers with a long storage period - at least 75 years.

In this connection, one should not file acts that need to be saved for less than this period. For example, this applies to notifications of the beginning of a vacation, an application for its provision, as well as orders for the next periods of rest, which are filed separately in the register. Their shelf life is only five years.

Stage 3. Filling in documents.

Only the HR specialist who was appointed to carry out all these actions by order of the company's management can draw up an employee's personal file according to the sample, numbering, making an inventory, making any adjustments, closing and submitting documents to the archive.

Only this employee has access to the personal files of employees, and in a situation if personal data turns out to be disclosed, it is he who will be held accountable.

Also, the official duties of such a specialist include acquainting a person with signature with his personal file, usually this procedure takes place at least once in one calendar year.

Stage 4. Drawing up an inventory.

All documents in the employee's personal file must be arranged according to the date of receipt, they are also supposed to be numbered, described and stitched.

If the personal accounting papers are collected in a cardboard cover, then the internal inventory can be placed on the back of the title page or filed last. The name of the document is indicated at the top. Below, in the nominative case, the full name of the employee is prescribed. The internal inventory contains the following items, in which data is entered in accordance with their name:

• № p / p - according to the journal of accounting of personal files of employees;
• document index - is established according to the nomenclature of cases;
• date of the document - the digital designation of the date of its issue in Arabic numerals;
• title of the document - its name (certificate, diploma, order);
• the number of sheets of the case is a digital designation in accordance with the numbering, which is affixed on this document;
• date of inclusion - the calendar date of its appearance in the case materials;
• note - used to correct information, for example, the original or a copy is marked.

At the bottom, in words and in numbers, the number of documents and pages of the inventory of personal files is indicated. Then all the data is certified by the signature with the decoding of the responsible specialist and the date is affixed.

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What is included in the management of personal files of employees

The procedure for maintaining personal files of employees consists of a number of stages.

1. Registration and accounting.

The procedure for registering and recording personal files of employees is established by the enterprise itself. It must be mandatory in detail spelled out in the order of the organization, which regulates the registration of personal data of employees.

Usually, a book or a journal for keeping track of employees' personal files is started. In them, in order, a new package is assigned a number, which is subsequently put directly on the folder itself. The numbering of cases for the enterprise is carried out only according to this journal.

The record book contains brief information on each block of personal documentation, that is, the number assigned to it, the full name of the person, the date of formation of the employee's personal file and closure, the calendar date of the determination to the archive or transfer (carried out for civil servants during the transfer procedure from one state body to another).

2. Introduction of changes.

Only the specialist of the company to whom the management has imputed this to the job has the right to correct the information in the personal file. If there is no such employee, changes in personal credentials are made by an employee temporarily performing this function, also appointed by order of the administration.

Corrections are recommended to be carried out by analogy with corrections in the work record books of employees. For example, a typo in the name of an employee on the cover of a personal file is crossed out with a horizontal line, and the correct letter is indicated on top. Any other information must be corrected in the same way.

All adjustments are made strictly with the attachment of a copy of the document and a link to it, for example, to a marriage certificate.

3. Storage.

All personal files of employees contain personal information. It should be recalled that such information is indirectly or directly related to a specific or identifiable individual (in accordance with Article 3 of the Federal Law of July 27, 2006 No. 152-FZ). The employer is imperatively obliged to comply with all requirements for the protection of personal data. These conditions are indicated in chap. 14 of the Labor Code of the Russian Federation and in the Federal Law of July 27, 2006, No. 152-FZ.

Persons guilty of violating the requirements of the legislation on the protection of personal data of employees may be brought to the following types of liability:

• disciplinary (according to clause 6 of Art. 81 and Art. 192 of the Labor Code of the Russian Federation);
• to the material (according to clause 7 of part 1 of article 243 of the Labor Code of the Russian Federation);
• to civil and administrative (according to Articles 13.11 and 13.14 of the Code of Administrative Offenses of the Russian Federation);
• to criminal (according to Articles 137 and 140 of the Criminal Code of the Russian Federation).

The director of the company must appoint, by appropriate order, a specialist who will be responsible for the management and storage of personal files of employees. At the same time, employees who have access to personal data are obliged not to disclose them to third parties and not to disclose information without the consent of the subject of this information, unless otherwise provided by the Federal Law.

Personal files of employees should be kept in a place where access to third parties is limited, and it is also impossible to steal or damage them. For example, in safes or metal cabinets. You can systematize cases alphabetically, by their numbering, or by structural departments of the company.

In order to preserve the confidentiality of personal data, employees have the right:

• full information about the content of their personal files and the use of this information;
• to free access to their data, including the right to receive copies of any record contained in a personal file, excluding those situations that are provided for in paragraph 8 of Art. 14 of the Federal Law of July 27, 2006 No. 152-FZ;
• to determine the persons who will protect the personal data of the company's employees;
• for admission to medical documents that display information about the physical condition of employees;
• to exclude or correct incorrect (or incomplete) personal information, as well as information that has been processed in violation of the provisions of the law. In the event of a negative response from the management to a request to exclude or correct the employee's personal data, he has the right to declare in writing to the employer his disagreement with the reasoning on this matter. Personal information of a person, which is of an evaluative nature, can be supplemented by a statement reflecting his own point of view on this issue;
• to the requirement for the employer to notify all persons who have been provided with incorrect or incomplete personal data of the employee about all exceptions, adjustments or additions made to them;
• to appeal in court against illegal actions / inaction of the employer in the processing and protection of personal information of a person.

Personal data of an employee is allowed to be voiced to third parties only with his consent in writing. An exception can be made only in cases where the transfer of information about a person to outsiders is carried out in order to prevent a threat to his life and / or health, as well as in other situations fixed in the Federal Law of the Russian Federation.

How is the delivery of personal files of employees to the archive

Submitting cases to the archives is an integral part of the workflow. It is preceded by a special preparation procedure. How to register an employee's personal file for filing it in the archive? The layout, description of documents, entering the necessary information for sending to storage is carried out by the personnel department with the methodological assistance of the receiving institution. This process consists of:

• filing / binding of the employee's personal file;
• checking the pagination of the folder;
• formation of an applicant sheet;
• compilation / clarification of the internal inventory of the employee's personal file;
• adjusting the details of the front cover of the folder.

In order to ensure the safety of the personal files of employees, you must perform the following actions:

• group the personal files of dismissed workers into a common cover, that is, into one united file, so that the number of pages does not exceed 250 sheets. It is necessary to compose personal materials by stitching them according to the years of dismissal;
• place employee folders within the boundaries of one case / volume in alphabetical order (by last name), delimiting documents that refer to different people, with a white sheet of paper indicating the name of the dismissed person;
• to invest in each joint case / volume an internal inventory indicating the full name and numbering of the sheets, within the boundaries of which the corresponding materials are located.

The sending of personal credentials of employees for long-term savings is made no later than 3 years after their completion in office work in accordance with the schedule. Before sending the employee's personal file to the archive, the warehouse specialist checks the completeness and literacy of his preparation for transfer. Inaccuracies found during the audit are corrected by the HR department of the company. The transmission and reception of folders is carried out according to the inventory with the setting of marks about their presence.

The management of personal files of employees must certainly be carried out according to the strict rules specified in our article, even by those employers for whom this procedure is not mandatory. But these norms do not apply to the preparation of those documents that are called not “personal file”, but “personal folder”, “personal file”, “dossier”. In this case, a specialist in the HR department must remember:

• in any situation, regardless of the name, these folders contain personal information of a person, in connection with which it is necessary to comply with all the provisions fixed in the Labor Code of the Russian Federation regarding the protection of personal information;
• the labor contract of a specialist can be kept in his personal file, but in no case in a file, etc. A contract that was not included in the personal documentation of a citizen must be drawn up as an independent file "Labor contract with an employee."

Personal file of the employee in electronic form

More and more organizations are switching to the electronic option of recording information about their employees. To date, a significant number of Russian organizations have implemented the automation of HR records management or have just started this process. This cannot be called a trend trend; rather, such steps are caused by an urgent need. The personal files of employees are increasingly being conducted and stored electronically, that is, in databases on a PC. Documents in paper format are still used, but only in the role of reinsurance.

Working with personal files of employees in electronic format is, first of all, convenient. The HR specialist does not have to breathe dust and look for the right folder. In this regard, among the obvious advantages of electronic files is the ability to find the required information quickly, without wasting time and effort.

It is necessary to pay attention to the fact that not all records can be kept in a computer format. For example, work books are not allowed.

If it is necessary to affix the personal signature of the employee in the document, then it must also be in paper form.

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How personal files of dismissed employees are closed

If an employee stops working in your company, then his personal account is closed at the time of his dismissal. Such a case must be properly formalized. To do this, you need to check the presence of all documentation and its placement in the folder, since the papers must be arranged in chronological order, as well as page numbering.

All available case materials are listed in the internal inventory, which must be endorsed by the employee who performed it. A final note is formed to it, in which the number of documents included in it and the number of pages of the innermost inventory that have their own numbering are affixed in numbers and in words.

An attestation sheet is drawn up on separate paper, the form of this document is given in Appendix No. 9 to the Rules. It states:

• in figures and words, the number of numbered pages of the case;
• the number of sheets of the internal inventory of the case;
• specifics of document numbering in the folder: the presence of letter numbers of the case, missed numbers, page numbers on which photographs are pasted, numbers of sheets of non-standard format, envelopes with attachments and the number of sheets placed in them;
• the presence in the case of printed copies of brochures with the number of pages in them, in the situation if they were not noted in the general gross numbering of the case.

The signature of the employee who issued it is put on the certification sheet. All further adjustments in the composition and condition of the folder (damage or replacement of original documentation) are noted in this document with reference to the corresponding act.

Further, the employee's personal file is stitched. Also, at the end of each folder, an attestation sheet is attached, and at the beginning - an internal inventory. In a situation where this documentation was not attached to the case, then the inventory is glued to the inside of the front cover of the folder, and the certification sheet is glued on top of the inventory at the top of the sheet.

Then, on the title page of the case, the day of its closing is written, that is, the exact date of the issue of the order to dismiss the employee and the storage period for personal information. The savings period is counted from January 1 of the year following the employee's dismissal year. In accordance with Art. 22.1. Federal Law No. 125-FZ of 22.10.2004, the storage period can be either 50 years (if the personal file was created after 2003) or 75 years (if the folder was formed before 2003). Do not forget that if documents with different temporary saving regimes are included in the personal file, for example, for a hiring order, the storage period is 75 years, and for a dismissal order - 50 years, then the employee's personal file must be kept in the archive, guided by for the maximum period.

If there are unclaimed personal documents of an employee, for example, a work book, a military ID, then they are folded into an envelope that is filed into a personal folder.

All envelopes with attachments included in the personal file have their own numbering. In this case, the envelope itself is first numbered, and then each document enclosed in it is numbered with the next number.

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Responsibility for the maintenance and storage of personal files of employees of the organization

All information stored in a personal file belongs to the category of personal data, therefore employers must comply with the norms and requirements of the relevant law.

According to the rules laid down in Art. 14 of the Labor Code of the Russian Federation, the management of personal files of employees must comply with all provisions of the law on the protection of personal data N 152-FZ of July 27, 2006. If the director of the company decided that it is necessary to organize personnel records of his employees, then he is obliged to take this process responsibly in order to avoid leakage of personal information. It must be remembered that according to Art. 90 of the Labor Code of the Russian Federation, those guilty of violating the safety of personal data may be punished in accordance with the law.

The Code of Administrative Offenses of the Russian Federation provides for punishment for non-compliance with the requirements for the storage and use of personal information of employees. In Art. 13.11 of the aforementioned Code for such a violation, fines are issued:

• for an official - from 500 to 1,000 rubles;
• companies - from 5,000 to 10,000 rubles.

If abuse of authority was found on the part of an employee who has access to the personal data base and is engaged in the illegal collection and dissemination of information about a person's personal life stored in his file, Art. 137 of the Criminal Code of the Russian Federation, which implies punishment in the form of fines and correctional labor.

For the management of the company, it is not enough to know what should be in the employee's personal records; all procedures should be worked out to ensure the functioning of the department, which will carry out registration, entering new information and storing personal materials. Such job responsibilities, as a rule, are carried out by specialists from the personnel department who are familiar with the office work process and understand the full scope of responsibility, and they also have the appropriate education.

It should be borne in mind that the safety of employee data is ensured not only by employees who are directly involved in the preparation of the required documentation, but also by the director of the company.

In this regard, in order to prevent the disclosure of personal information, a narrow circle of specialists and managers is determined who are allowed access to personal accounting. A complete list of them with an indication of positions and full names and names should be established by an order signed by the director of the organization.

On a single portal for the placement of draft regulations, 2 draft laws appeared that will affect all companies that process and store personal data of citizens, including employers. Judging by the text of the first document, when collecting personal data, operators will be required to depersonalize this data.

According to Art. 3, the depersonalization of personal data is a complex of actions that allows you to partially hide the belonging of information to a specific subject: it is impossible to find out who owns the data without additional information. Now such measures are mandatory only for state and municipal authorities, but next year the requirements for depersonalization will have to be fulfilled by most companies, including employers.

Information will be depersonalized in accordance with Roskomnadzor Order No. 996 dated 09/05/2013, which recommends using the following methods:

• replacement of part of the information;
• changing the composition or semantics of data;
• mixing (rearrangement) of individual records or groups of records, which will not allow finding a connection between information and specific subjects.

For failure to comply with the obligation to depersonalize personal data or non-compliance with established requirements or methods, it is planned to introduce a separate punishment. This is provided for by another bill discussed by officials. If approved, they will indicate that for such a violation, citizens can be fined up to 1,500 rubles, and officials - up to 6,000 rubles. Individual entrepreneurs are threatened with a fine of up to 10,000 rubles, and organizations - up to 30,000.

As explained in the Ministry of Telecom and Mass Communications, where both documents were developed, the law on personal data suggests that after achieving the goals of collecting and processing personal information, all data must be destroyed or depersonalized. Therefore, companies often accumulate an array of information that must be somehow disposed of. While specific requirements and methods for data depersonalization are provided for state and municipal authorities, they are not mandatory for other operators, so companies can use their own methods. To resolve this situation, as well as to increase the level of protection of personal information of citizens, it was proposed to extend the approved rules to all operators. And Roskomnadzor will control the implementation of the legislation.

What officials are now saying about storing personal data: conditions under which it is safe to store copies of documents

Specialists of the Federal Service for Labor and Employment draw attention to the fact that for private companies the procedure for conducting a personal file at the legislative level is not established. In this regard, officials propose to focus on the regulations governing relations in the field of privacy, as well as the collection and storage of personal information.

Rostrud emphasizes that according to the Constitution it is forbidden to collect, store, use and distribute the personal data of a citizen, only if he himself has not consented to the processing of his personal information. Similar norms are contained in. Taking this into account, if the employee has agreed to store and process information about himself, the employer has the right to keep copies of documents in the employee's file, in particular, SNILS, TIN.

At the same time, officials clarify that in art. 86 of the Labor Code of the Russian Federation the purposes for which employers are allowed to use the personal data of employees are indicated. They are used for:

• ensuring compliance with laws and other regulations;
• assistance in finding a job;
• providing education and career development;
• ensuring the personal safety of employees;
• control of the quantity and quality of work performed and ensuring the safety of property.

From the editorial board

The list of purposes for which employers can use the personal data of employees is closed, and copies cannot be used in any other way. For example, a passport copier will help fill out the employee's personal card, maybe a couple more documents, but then it is no longer needed. But many organizations keep copies of passports and other documents according to tradition, without fully understanding why they are needed. And even after being fired.

Now for storing personal data of an employee "just like that" is fined, and employers began to worry: what to do? If the organization really needs such documents, stipulate this with the LNA, obtain consent for storage, and then be ready to explain to the inspectors what they are used for.

Penalties for non-compliance with the law

Is it possible to keep copies of documents in the personal files of subordinates, like, the officials answered. Nevertheless, in judicial practice there are already cases when the judges considered it unnecessary for the employer to have copies. In particular, the Resolution of the Federal Antimonopoly Service of the North Caucasus District of 11.03.2014 on case No. A53-10287 / 2013 states that for the processing of personal data of employees who are hired, it is enough to verify the information with the originals, and there is no need to store copies of passports.

It is up to you to decide whether to invest copies of their personal documents in the files of employees or not. We only recall that for violation of norms in the field of personal data, punishment is provided for. So, for the processing of personal information in cases not prescribed by law, as well as for processing incompatible with the established goals, officials can be fined 5,000-10,000 rubles, and the organization - 30,000-50,000 rubles.

In the light of the explanations of Rostrud, employers may be able to be fined in accordance with clause 2. According to it, for processing information without the written consent of the subject of personal data, the fine for officials is increased to 10,000-20,000 rubles, and for companies - up to 15,000-75,000 rubles.

Give your opinion on the article or ask experts to get an answer

Hello! In this article, we will talk about such a concept as an employee's personal file.

Today you will learn:

1. What is called a personal file and in what cases it is worth keeping;
2. What documents should be contained in it;
3. How much and how to store cases.

Not all categories of employers are required to keep personal files of their employees. But for the effectiveness of team management, it is advisable to form them. How to do it correctly, we will discuss today.

Personal file: what is it and why keep

First of all, it is a set of documentation that characterizes the activities of an employee at a specific workplace. The case is considered to have been instituted from the moment the first document appeared in it. Maintaining is usually done by the personnel department, less often by the accounting department.

Often, a personal matter is put on a par with a work book, although this is erroneous. The work record does not contain any information, except for the past and present place of work, unlike the dossier.

The composition of the personal file changes and is supplemented as a person carries out his labor activity.

For whom to issue

Without fail, personal affairs are conducted on those who are employed in the state civil service. This is required by the legislation of the Russian Federation. Entrepreneurs can regulate this issue by local regulations. And this means that employees of the personnel department can start personal files only for key employees.

This group includes:

• Leadership staff and persons replacing them;
• Chief specialists;
• Persons who are responsible for property and valuables;
• Employees with the prospect of career advancement.

But nevertheless, it would be useful to start such dossiers on all employees, since they reflect information about employees that may be required at any time.

Who has access to business

Only a personnel officer or an accountant appointed by the order of the head can enter information and submit cases to the archive. If there is a leak of confidential information from the case, all responsibility for this will fall on this person.

In order to avoid such unpleasant situations, it is better to keep personal files in a specially designated room, or in safes and metal cabinets, to which third parties cannot get access.

In addition, the responsible person is obliged to familiarize each employee with his personal file at least once every 12 months.

Submission of cases to law enforcement agencies

If necessary and upon request, papers from the personal files of employees can be provided to law enforcement officers.

Registration of a personal file

Watch a short video on how to draw up an employee's personal file and everything will become clear:

Before we talk about the management of personal affairs, let us dwell in more detail on how to arrange them correctly. The formation of the case begins from the date of hiring a person and continues until the moment of his employment. It is better to take a separate folder for each case, or at least a file.

When a human resources employee forms a personal file, he should remember that:

• It is better to replace the originals of documents with photocopies, in order to avoid a situation when the original of an important document is lost (there are often cases when the originals of diplomas are lost, and it is not easy to restore them);
• One copy of each document is included in the case;
• Documentation of temporary storage and permanent - not stored together;
• It is better that one case does not exceed 4 cm of thickness;
• It is better to store applications in the same place as the documentation.

All personal files should be drawn up in the same way, and also keep a register of personal files, in order to avoid the loss of important documentation.

So, a sample of registration of a personal file:

• The cover of the personal file contains the surname and initials of the employee, the date when the case was started;
• If there are no separate folders for storing cases, then it is better to arrange them in one folder in alphabetical order;
• The number of pages should not exceed 250;
• Each folder is marked with a case number.

What should be in the employee's personal file

The composition of the personal file is not regulated at the level of regulatory enactments. It is strictly approved only for the state. employees. Any organization can use the approved list and decide which documentation to include in its employees' files and which not.

The list is as follows:

• A photocopy of the passport (most often the first page, marital status and place of registration);
• A photocopy of a diploma, a document on advanced training, and so on;
• Photocopy of SNILS;
• If the employee is liable for military service - a copy of the document confirming this;
• Photocopy;
• Documentation on the passage of the prophylactic examination and medical examination (if it is provided for by the company's activities);
• A certificate of whether the citizen has a criminal record, or lack thereof (if provided by law);
• A job application written by the employee personally;
• Autobiography;
• Instance;
• A photocopy of the work book;
• Attestation materials (if any);
• Photos of the employee, which are periodically updated;
• Inventory of personal files.

This list can be changed, supplemented, depending on what activities the company conducts and what personnel policy it implements.

In addition, all documents must be arranged in the case in chronological order: the very first ones that were invested during the hiring of a person, then those that appeared during his activity.

It is prohibited by law to include in a file information about an employee's personal life, his views on politics and religion, if he did not give written consent to this.

Samples and forms of documents for personal files

• Personal file questionnaire
• Internal inventory of personal files
• Title page / cover of the personal file

A sample of filling out an internal inventory for a personal file and a zeveritel sheet.

Conduct of business

This process includes:

• Making entries in the relevant sections;
• The procedure for the withdrawal of documentation that has become irrelevant or is no longer needed;
• Checking personal files for the safety of documentation;
• as part of a personal file.

If an employee's personal data changes, they usually report this to the HR department. Better, of course, to do this in writing. After the employee of the personnel department makes the appropriate record in the file, the original document is returned to the employee. If necessary, you need to make a copy of the document and attach it to the file.

All records are made only based on the originals of the documentation or on copies certified by a notary. The entries are made by hand in black, blue or purple ink, carefully, avoiding blots and corrections. If necessary, the records are certified using the organisation's seal and the signature of a human resources employee.

All sheets that are hemmed in the case are numbered. And the numbering is reflected in the internal inventory. Such an inventory is compiled to take into account documents that have been stored for more than 10 years.

If the case is being prepared for filing in the archive, all sheets of the internal inventory are also numbered, only separately from the sheets of the case.

Registration log: how to maintain

It is necessary to take into account the personal files of employees. Its standard form has not been approved, which means that you can take a sample from the Internet or purchase it in a store. The content of each column can be changed depending on the organization.

The following is entered in the journal: case numbers, their start date, the surname and initials of employees and other information. When a personal file is closed, a note is made in the journal: they put a date and enter the reason for which the case was closed.

Additional information is usually entered in the "Other" or "Notes" column.

Electronic personal file

Nowadays, many Russian companies have implemented or started to implement automation. It can hardly be called fashion-following, but rather a necessity. The personal files of employees are increasingly being kept and stored in computer databases. Paper documents are used, but mostly as a reinsurance.

Maintaining and storing a personal file in electronic form is, first of all, convenient. A human resources employee does not need to swallow dust, shifting things, in order to find the right one. Therefore, one of the undoubted advantages of electronic files is the ability to find everything quickly, without wasting time and effort.

It should be noted that not all documentation can be kept in electronic form; work books, for example, cannot.

If the document must contain the personal signature of the employee, it must also be in paper form.

How to deal with the cases of dismissed employees

When a person quits, his case is closed, removed from the folder and stitched. At the same time, an attestation sheet must be drawn up. It includes data on how many sheets are stitched and numbered. Also, this sheet indicates whether there are damaged documents in the file, whether new ones have been attached.

The witness sheet is glued to the cover of the case from the inside. The employee of the personnel department puts his signature on this sheet.

The employee's personal file is kept in the archive for 75 years, for managers this period is usually increased. But at the same time, if an employee on the last working day asks to hand over copies of the necessary documents, this can be done, in which case the file will not have to be stored, and the archive will be unloaded.

Conclusion

If you are, then you may not have personal affairs for your employees. Although it is better to do this, because based on practical experience it becomes clear that thanks to a personal matter, you can instantly get the necessary information about the employee.

The entrepreneur decides whether or not to conduct personal affairs for employees, but undoubtedly their presence is a significant plus for any company.

Not all HR specialists, as well as their managers, know that there are documents and even their copies that cannot be kept in the employee's personal file. For some documents, you can get a large fine, because they contain personal data that is not related to the performance of official duties.

What happened?

Rostrud reminded HR specialists that not all documents can be stored in the personal files of employees. And it is not necessary to conduct personal affairs themselves: there is no such requirement in the legislation. But if the case is still opened, it is necessary to store in it papers directly related to work, and not forget about the requirements for the protection of personal data. In particular, the organization does not even have the right to keep a copy of the passport.

The composition of the personal file: what can and cannot be stored

Legislatively, the composition of the personal file in the personnel department, as well as the list of documents that the organization can store, is not regulated in any way. Usually companies keep the documents they create themselves:

• labor contract;
• orders for employment and other events;
• employee profile;
• necessarily a work book.

But even when hiring, the employee also brings other documents: a diploma, SNILS, a certificate of assignment of a TIN, a passport, a military ID. Is it possible to make copies of these documents and also keep them in a personal file so that they are always at hand? Legislation and Rostrud unequivocally say: "no". Therefore, if the personnel officer does not want to receive a fine, for example, for keeping a copy of an employee's marriage certificate, such papers must be excluded from the personal file and given to employees.

In particular, violation of the requirements Federal Law of 27.07.2006 No. 152-FZ"About personal data" will be the storage of any document that is not directly related to the work of a citizen. After all, according to the norms article 86 of the Labor Code of the Russian Federation:

When determining the volume and content of the processed personal data of an employee, the employer should be guided by The Constitution of the Russian Federation, this Code and other federal laws.

This means that the superfluous inspector Roskomnadzor can determine too, in his opinion. Indeed, Article 5 of the Federal Law on personal data explicitly states that personal data should not be redundant in relation to the stated purposes of their processing. You can request third-party documents required in the process (birth certificates of children, marriage certificates, etc.), but you cannot keep copies of them. At the same time, the courts support this position (Resolution of the Kirovsky judicial district of the city of Astrakhan dated May 24, 2012 in case No. 5-244 / 2012, Resolution of the Arbitration court of the North Caucasian district of April 21, 2014 in case No. A53-13327 / 2013, etc.).

Responsibility for violations

For attaching documents to the personal file of employees that the employer does not have the right to keep, an administrative fine is provided under Part 1 article 13.11 of the Administrative Code... Its size can reach 50 thousand rubles. A complete list of possible punishments looks like this:

• warning;
• the imposition of an administrative fine on citizens in the amount of 1 thousand to 3 thousand rubles;
• imposition of an administrative fine on officials - from 5 thousand to 10 thousand rubles;
• administrative fine for legal entities - from 30 thousand to 50 thousand rubles.

At the same time, the inspectors will not be interested, and therefore, will not save the employer from punishment, the fact that the employee has received consent to the processing of personal data. Judicial practice also proves this.