HR Record Retention Requirements

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CHILE


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

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

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

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

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Data and personnel files

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

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

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board;
Labor Code, Art. 510;
Criminal Code, Art. 94

Collective bargaining/union

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Background checks and drug tests

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Acknowledgements, policy agreements and required notices

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

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

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

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

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Pension records

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Equity records

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

PAYROLL/WAGE/TAX RECORDS

 

 

Payroll and wage data (payslips, etc.)

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Tax records

Minimum: 5 years (minimum 6 years from date taxes should have been paid in cases where taxes were not paid or where records were falsified)

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Tributary Code, Law No. 830, Art. 200

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Injury and illness incident reports

Minimum: 5 years (15 years if illness is pneumoconiosis)

From end of employment and from date of accident or from 
diagnosis of the disease.

Ruling. No. 2389 of 05.24.2018 of the Labor Board;
Rules on Work Accidents and Professional Diseases, Law No. 16,744, Art. 79

Medical records

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

Hazardous material and other exposure records

Minimum: 5 years

From end of employment

Ruling. No. 2389 of 05.24.2018 of the Labor Board

 

 

 


Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, 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 PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.

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