Puerto Rico Personnel File Inspection Requirements for Companies: A Comprehensive Guide Introduction: In Puerto Rico, companies are obligated to adhere to strict regulations when it comes to managing and maintaining personnel files. Failure to comply with these requirements may result in severe penalties and legal consequences. This article aims to provide a detailed description of Puerto Rico's personnel file inspection requirements for companies, highlighting the key aspects, types, and guidelines. Keywords: Puerto Rico, personnel file inspection, requirements, companies, regulations, guidelines. 1. Types of Personnel Files: a. General Personnel Files: These include comprehensive records detailing an employee's employment history, such as job applications, resumes, offer letters, performance evaluations, warnings, and disciplinary actions taken against the employee. b. Payroll Records: Consist of payroll information, including salary details, deductions, overtime, tax forms, and related documents. c. Benefits Files: Comprise records related to employee benefits, such as healthcare plans, retirement accounts, insurance policies, and related communications. d. Training and Certification Files: These include documents related to employee training, certifications, licenses, and records of participation in seminars and workshops. e. Medical and Health Records: Contain information about an employee's medical conditions, sick leaves, disability claims, drug tests, and workplace accident reports. f. Leave and Absence Records: Encompass records of all types of leaves, including vacation, sick, maternity, paternity, and any other leaves permitted by Puerto Rico labor laws. 2. Inspection Requirements: a. Accessibility: Employers must provide employees access to their personnel files upon request, either in person or through a designated representative. b. Privacy and Confidentiality: Companies must ensure that personnel files are securely stored to prevent unauthorized access. Strict confidentiality is vital, and files must only be accessible to authorized personnel and the respective employee. c. Inspection Process: Employees may request to inspect their files during regular business hours, with prior notice. Companies are responsible for providing reasonable facilities to review the files and may require supervision to safeguard original documents. d. Limitations: While employees have the right to access their files, certain confidential information, such as third-party references or information related to ongoing investigations, may be redacted or excluded from inspection. e. Copies and Corrections: Employees have the right to request copies of their file materials at their own expense. Furthermore, if an employee believes any information within their file is inaccurate, they have the right to request corrections or additions. 3. Retention and Disposal Guidelines: a. Retention Period: Companies must retain personnel files for a minimum period of five years after the end of the employment relationship. b. Disposal: Once the retention period expires, companies should dispose of personnel files securely to ensure confidentiality and compliance with data protection regulations. Conclusion: Complying with Puerto Rico's personnel file inspection requirements is of utmost importance for companies operating in the region. By understanding the different types of personnel files, adhering to accessibility guidelines, ensuring privacy and confidentiality, and following retention and disposal guidelines, companies can avoid legal complications and maintain a healthy employer-employee relationship. Keywords: Puerto Rico, personnel file inspection, requirements, companies, regulations, guidelines, types, accessibility, privacy, confidentiality, inspection process, limitations, retention, disposal. Disclaimer: This article is for informational purposes only and should not be considered legal advice. Companies should consult with legal professionals to ensure compliance with specific Puerto Rico labor laws and regulations.
Puerto Rico Personnel File Inspection Requirements for Companies
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Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
To comply with the law, employers must: Verify the identity and employment authorization of each person they hire; Complete and retain a Form I-9, Employment Eligibility Verification, for each employee; and. Refrain from discriminating against individuals on the basis of national origin or citizenship.
Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Form I-9 will help you verify your employee's identity and employment authorization.
Companies looking to hire workers from Puerto Rico must comply with Public Law 87. It requires employers who are recruiting on the island to obtain authorization by the Secretary of Labor and Human Resources of Puerto Rico, according to Odemaris Chacon, a labor attorney with Estrella, based in Puerto Rico.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay).
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Failing to timely complete an I-9 for employee or doing a really bad job of it can result in fines of $110 to over $1000 per employee for the first infraction. These fines impact large and small business alike.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
$6.55 / hour Puerto Rico's state minimum wage rate is $8.50 per hour. This is greater than the Federal Minimum Wage of $7.25. You are entitled to be paid the higher state minimum wage.
Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below.
