According to the latest amendment of Art. 128b of the Labor Code of the Republic of Bulgaria the employer has several new options to create, organize and manage a part of the personnel files in an electronic form.
In May 2018 the Council of Ministers enacted a special Ordinance which determines the type of these documents and establishes all of the requirements in relation to their digital storage.
Types of electronic personnel files
The electronic files regarding employment relationships can be classified as follows:
- E-files issued by the employer
- E-files issued by the employee
- Documents that require the consent of both parties in the employment relationship
- Documents that provide facts regarding the employment relationship issued by third parties
- Other data and information related to the employment relationship
The Regulation does not imply an obligation for the employer but rather an opportunity for him to decide how the company-kept employee files should be stored – on paper or organized in an electronic file management system. The Ordinance on the Electronic Personnel Files sets forth the firm’s documentation maintenance and also determines how the e-documents are supposed to be signed. It is mandatory, though, the e-files issued by the employer must be signed with qualified electronic signature.
Electronic documents storage
There are several safeguards regarding the electronic documents storage that the employer must consider when implementing a digital employee file system. The employer shall organize and maintain the electronic employee filing system in a way that does not allow accidental document destruction, unauthorised access, alteration or distribution of documents. On the other hand, the employees have the right to access their personnel records unlimited and with no extra charge.
This publication is written in the context of Bulgarian legislation, effective on May 30, 2018. Please note that future amendments in the relevant legislative acts, court decisions or opinions of official authorities or other sources of legal obligations, which became effective after the quoted date, may affect the accuracy of the information above. This is one-time publication and Prosperamo is not responsible to keep it up-to-date. For more information – please read the following disclaimer.
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