HR Record Retention Requirements

Brazil - Summary Chart

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*Note: While there is no maximum retention period, with the new data privacy law going into effect in August 2020, companies may need to implement a maximum period (i.e., a reasonable period beyond any statute of limitation), unless otherwise set by the data privacy agency or other authorities.

 

Brazil

Document

Retention Period

Beginning of Retention Period

Legal Reference

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 5 years during employment and 2 years from termination; Separation documents (notice, termination sheet, etc.): Minimum 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

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

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

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

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

Data and personnel files

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

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

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

Collective bargaining/union

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

Background checks and drug tests

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

Acknowledgements, policy agreements and required notices

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

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

Hired individuals: Minimum 5 years; Individuals who are not hired: Minimum 2 years

From creation

Art. 7, XXIX of the Federal Constitution of 1988

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

Minimum 5 years during employment and 2 years from termination

From creation

Art. 7, XXIX of the Federal Constitution of 1988

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 10 years or until there is prescription relating to claims arising from the transactions to which they relate

From creation

Art. 32, Law 8.212/91

Pension and retirement records

Minimum 30 years (FGTS - GFIP - GRFP)

From creation

Art. 23, par. 5, Law 8,036 of May 11, 1990

Equity records

Minimum 10 years or until there is prescription relating to claims arising from the transactions to which they relate

From creation

Art. 32, Law 8.212/91

Miscellaneous 1

Professional Profile for Social Security Purposes (PPP): Minimum 20 years

From creation

Art. 178 IN INSS 118/2005

Miscellaneous 2

PIS-Social Integration Program PASEP - Program Civil Servant Patrimony Formation: Minimum 10 years

From creation

Art. 3 and 10 Decree-Law No. 2052/83

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 10 years or until there is prescription relating to claims arising from the transactions to which they relate

From creation

Art. 32, Law 8.212/91

Tax records

Minimum 10 years or until there is prescription relating to claims arising from the transactions to which they relate

From creation

Art. 32, Law 8.212/91

Miscellaneous 1

General Register of Employed and Unemployed (CAGED): Minimum 5 years

From time sent to authorities

Portaria MT# n. 1.129/2014

Miscellaneous 2

Annual Social Information Report (RAIS): Minimum 5 years

From creation

Portaria N. 39/2019 from the Ministry of Economy

Miscellaneous 3

Unemployment Insurance (Communication of termination and unemployment insurance coverage request): Best practice minimum 5 years

From termination of employee

N/A, Best Practice (law is unclear)

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 10 years or until there is prescription relating to claims arising from the transactions to which they relate

From creation

Art. 32, Law 8.212/91

Injury and illness incident reports

Minimum 10 years or until there is prescription relating to claims arising from the transactions to which they relate

From creation

Art. 32, Law 8.212/91

Medical records

Medical exam Records (ASO): Minimum 20 years; Doctor's note: Minimum 5 years during employment and 2 years from termination

Medical exam Records (ASO): From termination; Doctor's note: From creation

Medical exam Records (ASO): Regulatory Standard NR 7; Doctor's Note: General employment statute of limitations

Hazardous material and other exposure records

Minimum 10 years or until there is prescription relating to claims arising from transactions to which records relate

From creation

Art. 32, Law 8.212/91

Miscellaneous 1

Occupational Health Examination Program (PCMSO) records: Minimum 20 years as best practice

From creation

Best practice, Regulatory Standard NR 7 (law is unclear)

Miscellaneous 2

Environmental Risk Prevention Program (PPRA) records: Minimum 20 years

From creation

Regulatory Standard NR 9

Miscellaneous 3

Internal Commission on Accident Prevention (CIPA) (election) records: Minimum 5 years

From creation

Regulatory Standard NR 5

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.

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