HR Record Retention Requirements

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)

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

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)

Background checks and drug tests

N/A

N/A

N/A

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

Miscellaneous 1

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

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The Implementing Regulations of the Labor Contract Law (中华人民共和国劳动合同法实施条例)

Pension records

N/A

N/A

N/A

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

Leave (family, medical, etc.)

N/A

N/A

N/A

Medical records

N/A

N/A

N/A