Archiving personnel files

In practice, the archiving of personnel files raises numerous questions, particularly regarding the period for which an employer must retain an employee’s documents after the employment relationship ends. Although it is commonly stated that personnel files must be retained for 75 years, the current legal framework requires a more nuanced interpretation.

Government Decision No. 295/2025 on the General Register of Employees—REGES-ONLINE—maintains the employer’s obligation to create a personnel file for each employee, to keep it in good condition at the employer’s headquarters or, as the case may be, at a secondary location, and to present it to labor inspectors upon their request. The file contains the documents required for employment, the individual employment contract, addenda, and other documents regarding the modification, suspension, and termination of the employment relationship. However, Government Decision No. 295/2025 does not expressly establish a 50- or 75-year retention period for the personnel file following the termination of the employment contract.

Where, then, does the 75-year period come from?

Annex No. 6 to the National Archives Law No. 16/1996 lists “personal files” among the documents that may be made available for research 75 years after their creation. However, the National Archives clarified, in a letter dated July 27, 2022, sent to the National Union of Insolvency Practitioners in Romania (UNPIR), that personnel files created and held by employers should not be confused with the personal files referred to in this annex. According to the institution, the latter are documents belonging to the National Archival Fund, of historical value, and the 75-year period refers to access for research purposes, not a general rule requiring every employer to retain each employee’s file for 75 years. In the same response, the National Archives noted that, given the need to reconstruct pension entitlements and other social rights, it would be justified to retain personnel files and payroll records for only 50 years. However, this assessment must be viewed in the context of the legislation in effect in 2022.

Subsequently, Accounting Law No. 82/1991 was amended, and currently, Article 25 expressly provides that mandatory accounting records and supporting documents underlying accounting entries, including payroll records, must be retained for 5 years, calculated from July 1 of the year following the close of the fiscal year in which they were prepared.

This 5-year retention period applies to documents prepared on or after January 15, 2023 (the effective date of Law No. 36/2023). For documents prepared prior to this date, the previous retention periods apply (10 years for ledgers/supporting documents and 50 years for payroll records), calculated from the end of the fiscal year in which they were prepared. It is important, however, that this 5-year period not be automatically extended to the entire personnel file. The Accounting Law governs financial and accounting documents, whereas an employee’s file contains documents of a different nature and legal function—employment contracts, amendments, documents regarding length of service, qualifications, modifications to, or termination of the employment relationship, etc.

Conclusion

Current legislation does not establish a general 50-year retention period for employees’ personnel files, nor does it allow for the simple conclusion that the entire file can be destroyed after 5 years. The practical recommendation is for employers to establish retention periods by document category through their archival classification system and internal procedures, taking into account both the obligations under labor and accounting laws and the need to be able to subsequently prove the employee’s length of service, work performed, and other rights.

Beyond legal liability and the strict regulatory framework, we urge company administrators and employees responsible for employee personnel files to recognize the value of personnel documents. Carefully preserving an employment contract or an addendum can make a difference years down the line, helping a former employee prove their length of service and secure their pension benefits.