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No federal law grants employees the right to inspect their personnel files. However, many states do give employees such rights and spell out the terms under which employees are allowed to inspect those files.
Examples of items that should not be included in the personnel file are:Pre-employment records (with the exception of the application and resume)Monthly attendance transaction documents.Whistleblower complaints, notes generated from informal discrimination complaint investigations, Ombuds, or Campus Climate.More items...
Under the UK General Data Protection Regulation (retained from EU Regulation 2016/679 EU) (UK GDPR), individuals are entitled to submit a request for access to any personal data that the employer holds about them, ie any information from which they can be identified, directly or indirectly.
As a suggestion, you may want to set up a company policy that the only people that are allowed to access an employee's personnel record are the human resources manager, the employee's supervisor or manager, and the employee himself.
The number one item that should not be kept in the employee's personnel file is medical information. Under California regulations, medical information should be kept separate from the personnel file to protect the employee's confidential information.
Personal employee information will be considered confidential and as such will be shared only as required and with those who have a need to have access to such information. All hard copy records will be maintained in locked, secure areas with access limited to those who have a need for such access.
Company Name employee files are maintained by the human resource (HR) department and are considered confidential. Managers and supervisors, other than the HR director and his or her subordinates, may only have access to personnel file information on a need-to-know basis.
Records must be retained for a minimum of 5 years (13 NCAC 14B. 0610). Covered employers. All employers with minor employees under 18 years of age are subject to the recordkeeping requirements.
An employee's personnel file usually contains information related to their performance, salary, and any investigations of misconduct or medical issues. As a result, these records are generally considered private and can be accessed by only the employer and the employee.
Personnel files usually contain documents that the employee has already reviewed and so he or she is familiar with their content. This includes documents such as job applications, performance evaluations, letters of recognition, training records, and forms that relate to transfers and promotion.