Among the tasks that the employer is obliged to do is to prepare a “Personal File” in accordance with the Article 75 of the Turkish Labour Code No. 4857.
The employer prepares a personnel file for each employee he/she employs. The employer is obliged to keep in this file, in addition to the identity information of the worker, all kinds of documents and records that he has to prepare in accordance with the Turkish Labour Code and other laws and to show them to the authorized officers and authorities when requested.
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.
In Turkish Labour Code No. 4857, the liability of the burden of proof in possible employer-employee disputes is generally on the shoulders of the employer.
Therefore, for a good proof, the employee’s Personnel File must be prepared completely and updated. In addition to being fully organized, it is also very important to keep it up-to-date.
Things that must be included in the personnel file are not listed in any Turkish Law. However, it is recommended to have documents that are important for proof. The following is a brief list of documents required to be kept in the personnel files, as not to be an exclusive list.
Recommended Documents to be in the Employee Personnel File:
- Job Application Form
- Employment Contract/ Service Agreement (Includes especially “Employee Job Description”)
- Occupational Health and Workplace Rules
- Embezzlement report to be signed by the employee
- Insured Employment Declaration to the Social Security Institution
- SSI’s Insured Notification Document
- Insured Employment Termination Declaration
- Family Status Notification Form
- Worker identification information, Copy of Identity Card
- Residence Based Population Registration Sample
- Foreign Worker Work Permit Certificate
- Wage Bank Account Details
- Copy of the school diploma
- References and CV Resume
- Fixed Material Delivery Document
- Healthcare Report
- Document Showing Blood Group
- Criminal record
- Documents regarding the employee’s absence from work and health status
- Warning given, if any, and defense received from the employee, if any.
- Other job offers made to the employee
- Correspondence regarding training offered to the employee
- Results of the training attended by the employee
- Employee performance evaluation reports
- Reasoned termination notification letter in case of termination of the service contract
- In case of termination of the service contract, a release letter received from the employee If the employee refuses to sign the documents provided minutes of withdrawal from signature,
- Documents delivered to him/her via notary public, by APS mail
- Documents Showing Military Status
- If there is an employee under the age of 18, his/her parent’s consent
- Petition or Forms Regarding Unpaid Leaves and Annual Paid Leave
- Annual Paid Leave Schedule
- Minutes Prepared for the Termination of the Service Agreement
- 2 passport size photographs
- Petition for a woman giving birth to request 6 months unpaid leave
- Breastfeeding permission request petition of the woman who has given birth
- Administrative Procedures to be Taken in Work Accidents and Work Accident Notification SGK
- Work Accident Report, if any
- Working Certificate from previous employers
- Overtime Work Approval Certificate
- Report and Warning for Not Coming to Work Without Permission/Coming Late to Work
- Letter of Resignation, if any.
- Acquittance
- Documents and Certificates of Training Provided within the Scope of OHS
- Vehicle Driving Commitment
