Employee Personnel Files: Legal Obligations and Compliance

According to Article 75 of the Turkish Labor Law (No. 4857), every employer is legally mandated to compile and maintain a private personnel file for each employee. These files serve as a formal record for authorized audits and provide essential legal protection for the employer in case of labor disputes.

The Duty of Confidentiality and Data Protection (KVKK)

The employer is obligated to use employee information in accordance with the principles of “good faith” and applicable laws. In line with the Personal Data Protection Law (KVKK), employers must ensure that sensitive information remains confidential and is not disclosed to third parties without a legal basis.

Essential Documents for a Compliant Personnel File

To ensure full regulatory compliance, an employee personnel file should be organized into the following categories:

1. Identity and Recruitment Documents

• Job application form and CV.
• Copy of the ID card (Identity details).
• Certificate of residence and criminal record (Police record).
• Copies of diplomas and professional certificates (Mastership, etc.).
• Reference letters.

2. Employment and Contractual Documents

• Employment Contract (Definite, indefinite, or part-time).
• Social Security (SSI/SGK) statement of employment and termination.
• Signed job description and organizational chart placement.
• Letter of consent for overtime and work on public holidays.

3. Payroll and Financial Records

• Signed copies of monthly wage slips/payrolls.
• Documentation regarding the Compulsory Personal Retirement Insurance (BES) and suspension/waiver petitions.
• Tax office notices for disabled income tax reductions (if applicable).
• Letters regarding any legal wage deductions or penalties.

4. Leave and Time Management

• Paid and unpaid leave request forms and leave cards.
• Records of overtime hours worked (Monthly lists).
• Short-term working consent letters (if applicable).

5. Health, Safety, and Vocational Training

• Initial medical report and periodic health examination reports.
• Occupational Health and Safety (OHS) training certificates.
• Vocational Competence Certificates.
• Inventory/Debited equipment reports.

6. Discipline and Termination Records

• Warning letters and written defenses.
• Notice of termination and certificate of employment.
• Mutual rescission agreements and Release/Acquittance (İbraname) documents.
• Certificate of service (as per the Code of Obligations).

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