Arbeitnehmerakte

Arbeitnehmerakte, or personnel file, is the collection of documents created and maintained by an employer in relation to an employee throughout the employment relationship. It serves administrative, legal, and HR purposes, providing an overview of the employee’s work history and supporting decisions on hiring, compensation, appraisals, promotions, and compliance with statutory requirements.

Typical contents include the employment contract and amendments, personal data, job title and duties, working hours and leave records, payroll and tax information, performance assessments, warnings or disciplinary actions, training and qualifications, attendance records, illness notes, and issued certificates or references. Health data may be part of the file when directly relevant to the job, but such data are subject to special protection and are often stored separately or with reinforced safeguards.

Legal framework and data handling: the processing of employee data is governed by the GDPR (DSGVO) and national data protection rules, with additional labor-law considerations. Data must be processed for legitimate purposes, kept accurate, and protected against unauthorized access. The inclusion of health or other sensitive data requires heightened protection and limited use.

Access and rights: employees generally have the right to inspect their own personnel file and obtain copies. Access is usually through the HR department, and the employer may restrict disclosure of third-party data. In companies with a works council, the council may have rights to information and inspection under applicable law.

Retention and deletion: retention periods depend on document type and legal obligations, particularly tax and social security rules. After end of employment, the file is archived and only necessary records kept for statutory periods; obsolete documents should be securely deleted or destroyed. Digital personnel files must meet equivalent security and access standards.