HR Record Retention Requirements

Colombia - Summary Chart

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Colombia

Document

Retention Period

Beginning of Retention Period

Legal Reference

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 5 years (executive) - debt related, etc.; Minimum 10 years (ordinary)

From termination

Art. 2536, Civil Code (Statute of Limitations Executive and Ordinary); Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

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

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

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

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination, and, if applicable, from date employer receives employee claim

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Data and personnel files

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination, and, if applicable, from date employer receives employee claim

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

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

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Collective bargaining/union

N/A, collective bargaining/union agreements can be requested at any time from the Ministry of Labor

N/A

Art. 469, Labor Code

Background checks and drug tests

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Acknowledgements, policy agreements and required notices

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination, and, if applicable, from date employer receives employee claim

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

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

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

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

Retain minimum 10 years as best practice in case of a judicial claim

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Pension and retirement records

Minimum 20 years; Note: pension rights do not expire

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Equity records

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Tax records

Verify with Colombian tax/financial expert

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Injury and illness incident reports

Minimum 3 years; Best practice retain minimum 10 years after termination of employment contract (1 year after expiration of rights)

From termination

Art. 488, Labor Code; Art. 151, Procedural Code of Labor (Decree 2158 of 1948)

Medical records

Generally not permitted; Medical exam performed by company's doctor as part of a periodic exam: Best practice minimum 20 years

From termination

Art. 13, Decree 1443 of 2014

Hazardous material and other exposure records

Best practice minimum 20 years

From termination

Art. 13, Decree 1443 of 2014

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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