HR Record Retention Requirements

AUSTRIA

DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum: 7 years

Maximum: 30 years

7 years - From end of calendar year when employment ends

30 years - From end of the employment relationship

Company Law Act (Sec. 190 and 212 ); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

Time records (work hours, rest periods, vacation/sick/holiday, etc.)

Minimum: 7 years

Maximum: 30 years

7 years - From end of calendar year when employment ends

30 years - From end of the employment relationship

Company Law Act (Sec. 190 and 212 UGB); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

Performance records (performance reviews, promotions/demotions, licenses/ certifications, investigations, disciplinary actions, etc.)

Minimum: 3 years

From termination

General Civil Code (Sec. 1486)

Data and personnel files

Personnel files: No retention requirement

Business-related information: Depending on the content of the data (see above and below)

*Note that employees are entitled to employment certificates for thirty years after the end of employment. Therefore, it's advisable to keep relevant documents (job description, details on duration of employment) or a copy of an issued or pre-fabricated employment certificate for 30 years.

N/A

N/A

Government verification records (work papers, immigration, eligibility to work, etc.)

Minimum: 1 year (general limitation period)

Maximum: 30 years

From the end of the employment relationship

Austrian Foreign Employment Act

Collective bargaining/union

Usually 7 years (best practice, no minimum or maximum)

From the end of the relevant calendar year

Best practice based on GDPR

Background checks and drug tests

Retain only as long as necessary to complete hiring process

From creation

Best practice based on GDPR

Acknowledgements, policy agreements and required notices

Only retain personal data as long as necessary for purpose

From creation

Best practice based on GDPR

Recruitment (interview notes, resumes/CVs, reference checks, etc.)

Applicants who are not hired: Only retain until conclusion of hiring process. Consider retaining for six months upon rejection of candidates (when discrimination litigation claims are time-barred).

Applicants who are hired: Until  end of employment relationship and, afterwards according to the retention periods outlined above and below - usually 7 years

Applicants who are not hired: From rejection/end of hiring process

Applicants who are hired: From end of calendar year when employment ends

Best practice based on GDPR;
Equal Treatment Act (Sec. 15);
Company Law Act (Sec. 190 and 212); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)

Image and audio/visual recordings are not permitted if the purpose is to monitor workers.

Online tracking as well as biometric tracking requires prior consent of the respective employee.

Usual retention period of camera recordings: 72 hours

From recording

Austrian Data Protection Act (Sec. 12, Para. 4, Nr. 2);
Art 6 (1) (a) GDPR

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum: 7 years

Maximum: 30 years

7 years - From end of calendar year when employment ends

30 years - From end of the employment

Company Law Act (Sec. 190 and 212); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

Pension records

Minimum: 7 years

Maximum: 30 years

From date last payment should have been made

Company Law Act (Sec. 190 and 212); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

Equity records

Minimum: 7 years

Maximum: 30 years

From end of calendar year to which records relate

Company Law Act (Sec. 190 and 212); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum: 7 years

Maximum: 30 years

From end of calendar year to which records relate

Company Law Act (Sec. 190 and 212); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

Tax records

Minimum: 7 years

Maximum: 30 years

From end of calendar year to which records relate

Company Law Act (Sec. 190 and 212); Federal Fiscal Code (Sec. 132);
General Civil Code (Sec. 1478)

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum: 5 years for document related to paying social security obligations

From date contributions are due

General Social Security Act (Sec. 68)

Injury and illness incident reports

Records relating to fatal accident or injury resulting in  worker being out for 3 or more days: Minimum 5 years

From date of death or injury

Employee Protection Act (Sec. 16)

Medical records

Maximum: As long as absolutely necessary

N/A

Best practice

Hazardous material and other exposure records

Carcinogenic (hazard 3.6 carcinogenicity), mutagenic (hazard class 3.5 - germ cell mutagenicity), reprotoxic (hazard category 3.7 - reproductive toxicity) or group 3 or 4 biological agents exposure and medical records: minimum: until the end of exposure (at which point records are sent to institution of accident insurance which must keep records for minimum of 40 years)

From exposure

Employee Protection Act (Sec. 47)