MGIC - Personnel Records

Personnel Records

Purpose

This policy aims to protect Maryland Global Initiatives Corporation (MGIC) employee privacy and confidentiality, and to comply with applicable laws and regulatory standards. It provides a framework for ensuring employees' records are accurate, complete, secure, and available for legitimate business or legal needs.

Background

MGIC manages personnel records for employees who are engaged on behalf of the University of Maryland, Baltimore (UMB) and constituent universities (hereafter referred for purposes of MGIC policies only as “Affiliate Entities”). MGIC manages personnel records in coordination with its Employer of Record (EOR) service providers, in compliance with all applicable local, national, and international legal requirements. In addition to statutory obligations, MGIC aligns its personnel record management practices with recognized international privacy and information management principles.

The International Operations (IO) division of UMB’s Administration and Finance department administers the MGIC mechanism and its Human Resources (HR) function and manages MGIC personnel records.

Policy Statement

1. All records for MGIC personnel shall be created, maintained, accessed, retained, and disposed of in a manner that protects employee confidentiality, respects individual privacy rights, and complies with applicable legal and regulatory requirements. Where multiple legal frameworks apply, MGIC will comply with the applicable law of the relevant jurisdiction.
2. Access to personnel records is restricted to authorized individuals with a legitimate business need. Personnel records must be safeguarded against unauthorized access, disclosure, alteration, or loss.
3. Confidential personnel files are maintained for all employees. The files include:
   • Application letter, CV, and other application documents
   • National ID or passport copy
   • Required certifications and licenses
   • Work and residence permit for non-nationals
   • Employment agreements and related documents
   • Latest job description
   • Signed HR Handbook Employee Acknowledgement (annual)
   • Signed MGIC Policies Acknowledgement Form including MGIC Code of Ethics and Professional Conduct (annual)
   • Signed Conflict of Interest Disclosure (annual)
   • Signed Data Confidentiality Form
   • Personnel Action Forms
   • Performance Appraisal Forms
4. All employment, pension, and benefits records concerning any person employed through an MGIC EOR must be retained only for as long as required by applicable law or legitimate business needs and must be securely disposed of in accordance with approved MGIC procedures once retention requirements have been met.
   • Employment records of separated personnel must be retained for four (4) years after an employee’s date of separation from employment or a longer retention period if required by local law.
   • Pension and benefits of records of separated personnel must be retained for ten (10) years after the employee’s separation or a longer retention period if required by local law.
5. Access to MGIC personnel records is limited to the employee, authorized IO staff, and authorized UMB/Affiliate Requesting Unit personnel with a legitimate business need. IO will respond to employee requests to inspect or copy their own personnel records consistent with applicable local laws and this policy. See MGIC policy on Record Retention for more information.

Scope

This policy covers all MGIC employment-related records. It applies to both current and previous employees. It also includes job applicants/candidates' information.

Responsibilities

1. IO International Human Resources Manager: Maintain personnel records and oversee access by authorized personnel with a legitimate business need. Coordinate with EOR and other applicable parties to obtain required documents for files. Oversee record disposition in compliance with policy.
2. Requesting Units: Ensure any request for access to MGIC personnel records is based on a legitimate business need. Maintain strict confidentiality of and access to employee records.

Procedures

See MGIC Standard Operating Procedures

Documentation Requirements

Personnel file contents described above

References

• MGIC Global HR Handbook
• MGIC policy on Record Retention