The basic regulations regarding Turkish Labour Law were made by the Turkish Labour Code No. 4857. Within the scope of the aforimentioned law, employers are obliged to keep personnel files of the people they employ.
In accordance with the Article 75 of the Turkish Labour Code No. 4857, employers are obliged to prepare a “personal file” for the people they employ and keep all kinds of documents related to the employee.
In this file, the employer is obliged to keep all kinds of documents and records that he/she has to prepare in accordance with the Labour Code and other laws, in addition to the identity information of the employee, and to show them to the authorized officers and authorities when requested.
While some of the documents to be kept in the personnel file must be obtained when the employee commences work or the employment starts, some documents are to be created and kept during the period of employment in the workplace.
Employees’ personal files may contain many personal data such as the employee’s name, surname, education level, gender, family information, personal situation, address, and previous jobs, etc. In accordance with the Law on the Protection of Personal Data No. 6698, published in the Turkish Official Gazette No. 29677 dated 07.04.2016, persons who have to store personal data are required to protect the personal data in question with certain measures and prevent them from falling into unauthorized hands. Personal data received and stored by employers regarding their employees or customers are also within the scope of the law.
With the legal regulations made for the protection of personal data, protecting the confidentiality of the personnel file and personal information archived in personnel files has become more important. In the processing of personal data, it is mandatory to protect the fundamental rights and freedoms of individuals, especially the privacy of private life, and to comply with the obligations of the relevant legislation.
Since Personnel Files contain personal data, they must be kept confidential. The employer is obliged to use the information obtained about the employee in accordance with the rules of honesty and the law and not to disclose information that the employee has a justified interest in keeping confidential. Likewise, in accordance with the Personal Data Protection Law and its sub-legislation, unnecessary documents and information that have no legal basis should not be taken or kept in personnel files. The employer is obliged to destroy or anonymize the employee’s personal data even if the employment contract is terminated and there is no legal basis for storing the employee’s personal data.
