This is the essential checklist for creating an employee file

Every personnel file must serve to manage the company's human resources. To do this, the documentation included must be up to date, consistent with the person's job position, and organized so that it can be easily retrieved when necessary. The data gathered in the file will range from basic personal details to relationships with the company, including documents that record the worker's skills and career path.

If the information is well-organized, this personnel file will be useful for the company. Normally, the criterion is chronological. The search is then limited by document category: payroll, certificate, personal documentation, and by the date the file was generated. But if it is also digitized, and you have tagged each document well, information retrieval is agile and you save on physical storage space. In addition, you achieve another very important goal today: reducing the volume of paper, which benefits the environment.

What is a personnel file?

The personnel file is a very important tool for the Human Resources department, since thanks to it, personnel can be tracked from the moment the individual is hired until they leave the company.

Establishing a chronological and structured procedure is essential for the personnel file to be useful, since its correct preparation will allow the company to keep track of legal information.

The personnel file is a compilation of documents that gathers important information on everyone working for a company, from the moment they are hired until the day they leave. 

Thanks to the personnel file, we can learn about each person's skills and competencies, so that the work team can take advantage of them, and likewise, contribute to the improvement and development of those they need to reinforce.

What is the purpose of the personnel file?

The personnel file serves different functions that are essential for the entire company:

1. Facilitates access to information. The personnel file is designed to be organized chronologically, so any department that needs to consult the file will be able to understand it intuitively, and find the document they need practically.

2. Avoids legal issues. A collaborator's personnel file contains administrative and legal information that will be of great use in times when legal issues arise with someone who works or worked at the company.

3. Contains the information necessary to make important decisions. If you are thinking about giving someone on your team a promotion or a salary increase, the personnel file will help you find the information needed to support your decision.

Is it necessary to have a personnel file?

In general terms, the personnel file not only allows the company's attorney to act more quickly and effectively in the event of a contingency, but it also greatly facilitates inspection processes by the Ministry of Labor and other agencies. 

Mexican legislation does not expressly contemplate (except in very specific cases) the obligation to compile a Personnel File. However, article 784 of the Federal Labor Law establishes the employer's legal obligation to preserve certain documents. It reads literally: 

Article 784.- The Court shall exonerate the worker from the burden of proof when, through other means, it is in a position to gain knowledge of the facts, and for such purpose, at the worker's request or if deemed necessary, it shall require the employer to produce the documents that, according to the laws, it has a legal obligation to preserve in the company, under the warning that, if they are not presented, the facts alleged by the worker shall be presumed true. 

Then, the same article establishes several cases in which the employer shall bear the burden of proof, meaning they must produce evidence to determine the following:

1. Worker's start date; 

2. Worker's seniority; 

3. Worker's absences; 

4. Cause of termination of the employment relationship; 

5. Termination of the employment relationship or contract for a specific project or period, in the terms of articles 37, fraction I, and 53, fraction III, of this Law; 

6. Proof of having given the worker or the Court written notice of the date and cause of dismissal. A flat dismissal denial does not reverse the burden of proof. Likewise, the denial of dismissal and the offer of employment made to the worker do not exempt the employer from proving their claim; 

7. The employment contract; 

8. Ordinary and extraordinary working hours, when the latter do not exceed nine hours per week; 

9. Payments for rest days and mandatory holidays, as well as the Christmas bonus; 

10. Enjoyment and payment of vacations; 

11. Payment of Sunday, vacation, and seniority bonuses; 

12. Amount and payment of salary; 

13. Payment of the workers' share in company profits; and 

14. Enrollment and contributions to the Mexican Social Security Institute; the National Housing Fund and the Retirement Savings System. 

Lastly, it establishes that "the loss or destruction of the documents mentioned in this article, due to fortuitous event or force majeure, does not relieve the employer from proving their claim by other means."

Which documents should it contain

For the initial compilation, the following documents should be included.

1. Valid official photo identification.

2. Unique Population Registry Code (CURP).

3. Birth certificate.

4. Federal Taxpayer Registry (RFC).

5. Social Security Number.

6. Proof of address.

7. Curriculum Vitae.

8. Academic certificates.

9. Criminal record clearance certificate.

10. Notice of discount retention from INFONAVIT.

11. Proof of discounts that the company must withhold.

12. Recommendation letters.

13. Personal reference letters.

14. Job application.

15. Training employment contract.

16. Employment contract (indefinite or fixed-term).

17. Receipt form for materials, tools, or equipment.

18. Receipt form for internal work regulations, code of ethics, and any other internal policies.

Over time, the following should be added:

1. Payroll slips.

2. Christmas bonus payments.

3. Vacation request and vacation bonus payment form.

4. Profit-sharing (PTU) payments.

5. Agreement to modify working conditions.

6. Temporary disability certificates.

7. Accident or illness notices (ST-7 or ST-9).

8. Skills certificates (DC-3).

9. Work disability decision.

10. General permit or overtime forms.

11. Termination notices.

12. Medical certificates.

13. Administrative records.

Another type of personnel file: the digital file

It can be said that the digital personnel file is the evolution of the personnel file, meaning it is the way to free yourself from physical filing cabinets and manual document searches to renew your company and bring it into the digital world.

A company with a digital personnel file has its employees' files properly uploaded, sorted, and backed up in the cloud, which facilitates their management, administration, and availability. Are you ready to make big decisions and take your company to the digital world? Leave us your details and we will contact you.