HR Record Retention Requirements

China

DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 2 years

From end of employment

Art. 50, Labor Contract Law (中华人民共和国劳动合同法)

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

Minimum 2-3 years

From end of employment

N/A, Best practice in case of labor dispute

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

Minimum 2-3 years

From end of employment

N/A, Best practice in case of labor dispute

Data and personnel files

Minimum 2-3 years

From end of employment

N/A, Best practice in case of labor dispute

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

Foreigners' working permits must be returned and canceled by the employer upon the termination/end of foreigner's employment

N/A

Art. 20, Provisions on Employment of Foreigners in PRC (amended 2017)

Collective bargaining/union

N/A

N/A

N/A

Background checks and drug tests

N/A

N/A

N/A

Acknowledgements, policy agreements and required notices

Minimum 2-3 years

From end of employment

N/A, Best practice in case of labor dispute

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

Minimum 2-3 years

From end of employment

N/A, Best practice in case of labor dispute

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

N/A

N/A

N/A

Employee List (including each employee’s name, gender, identification card number, address of registered domicile, contact information, employment arrangement (e.g. direct employment or secondment), commencement date of employment, term of employment, etc.)

Not specified

The Implementing Regulations of the Labor Contract Law

(中华人民共和国劳动合同法实施条例)

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

N/A

N/A

N/A

Pension records

N/A

N/A

N/A

Equity records

N/A

N/A

N/A

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Employee Payroll (amount of wages paid, payment time, employee’s name and employee’s signature confirming receipt of the wage)

Minimum 2 years from creation (Best practice minimum 2 years from termination)

From creation

Interim Regulations on Wage Payment (工资支付暂行规定)

Best practices in case of labor dispute

Tax records

General: No specified retention period under PRC laws

Accounting books and related original materials: Minimum 30 years

From creation

Tax/finance laws

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

N/A

N/A

N/A

Injury and illness incident reports

N/A

N/A

N/A

Medical records

N/A

N/A

N/A

Hazardous material and other exposure records

N/A

N/A

N/A