HR Record Retention Requirements

Belgium - Summary Chart

 Download as a PDF

BELGIUM


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Student contracts, student internship agreements and domestic workers: Minimum 5 years after termination of contract

Other employee contracts: Minimum 5 years after termination of contract

From termination of employment contract and from last date employee should have been paid

Royal decree of 8 August 1980 concerning the keeping of social documents, Art. 25;
Law on employment contracts, July 3, 1978, Art. 15;
Act to provide various employment provisions, January 15, 2018, Ch. 5;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

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

Minimum 5 years (rules on social documents)


Minimum 5 years after termination of contract (individual relationship)

From date associated payments must be declared to the National Social Security Office

From termination of employment contract and from last date employee should have been paid

Royal decree of 8 August 1980 concerning the keeping of social documents, Art. 25;
Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

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

Minimum 5 years

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Data and personnel files

Minimum 5 years

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

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

Minimum 5 years

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Collective bargaining/union

The period during which it has effect;

in case of incorporation in the individual employment contract, retain for life of employment and minimum 5 years after termination of contract

From the conclusion of collective bargaining agreement;

and from termination of employment contract and from last date employee should have been paid

Law on collective bargaining agreement and on joint committee, December 5, 1968;
Law on employment contracts, July 3, 1978 (Art.15);
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Background checks and drug tests

Minimum 5 years (if check is authorized)

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Acknowledgements, policy agreements and required notices

Period of validity and minimum 5 years after termination of contract

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

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

Maximum 1 year after termination of contract

From creation of record

Best practice based on GDPR

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

Camera recordings: Maximum 1 month (with some exceptions)

Record of camera surveillance activities and visuals of where the cameras are placed: Minimum until surveillance ends

From recording

Camera Surveillance Act, March 2018

Personnel registers, special personnel registers and  individual accounts and appendices

Minimum 5 years

From the 7th day after the date of the last employee's retirement

Royal decree of 8 August 1980 concerning the keeping of social documents, Art. 25

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 5 years

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Pension records

Minimum 5 years

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21;
Statute of limitation of social security (3 years)

Equity records

Period during which the plan is in effect and at least during the life of employment and minimum 5 years after termination of contract

From termination and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

PAYROLL/WAGE/TAX RECORDS

 

 

 

Payroll and wage data (payslips, etc.)

Minimum 5 years (rules on social documents)



Minimum 5 years after termination of contract (individual relationship)

From date associated records must be declared to the National Social Security Office

From termination of employment contract and from last date employee should have been paid

Royal decree of 8 August 1980 concerning the keeping of social documents, Art. 25;
Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Tax records

Minimum 7 years

From end of tax year to which records relate

Income Tax Code, Art. 354 and 443 bis -statute of limitation

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 5 years

From termination of employment contract and from last date employee should have been paid

Law on employment contracts, July 3, 1978, Art. 15;
Criminal Statute of Limitation - Preliminary Title of the Code of Criminal Procedure, Art. 21

Injury and illness incident reports

Minimum 10 years (work accident records)

From date of incident

Section 6 - Measures in the event of an accident at work of Code of well being at work, Book 1, Ch. II, Art. 1.6-12

Medical records

Minimum 15 years (relating to health/safety procedures)

From employee termination

Section 4 - Measures relating to the monitoring of workers' health of Code of well being at work, Book 1, Section 3, Art. 1.4-89 § 2

Hazardous material and other exposure records

List of workers exposed to biological agents: Minimum 10 years (minimum 30 years in cases where exposure is likely to lead to infections)

From last known exposure

Section 1 - General Provisions, Code of well being at work, Book 7 (Biological Agents), Ch. III, Art. VII.1-11

 

 


Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.

Share Your Feedback

Let's Talk