HR Record Retention Requirements

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FRANCE

DOCUMENTS

RETENTION PERIOD

START OF THE RETENTION PERIOD

RELEVANT LAW REFERENCE

HR/EMPLOYMENT/PENSION RECORDS

Employment contract

Minimum 5 years


Following the termination of the contract

Article 2224 French Civil Code. No legal obligation but rule of prevention in regard of prescription period

Data on working hours accounting

Minimum 1 year

From date of drafting

Article D3171-16 French Labour Code

Data on call-duties hours

Minimum 1 year

Data on working days in case of flat-rate pay agreement (“convention de forfait”)

Minimum 3 years


Identification documents of foreign nationals (copy)

Minimum 5 years

From date of departure

Article R1221-26 French Labour Code

Title and number of foreign nationalswork permits


Business data and documents concerning pension schemes and related subjects

Minimum 5 years

From date of drafting

Article 2224 French Civil Code. No legal obligation but rule of prevention in regard of prescription period

Administration regarding pension scheme (by pension administrator and pension association)

Proof of pension affiliation and contributions (“ARRCO” and “AGIRC”)


Pension plans and schemes, career and talent development programmes, diversity programmes, other HR policies (e.g. alcohol and drugs policy, HIV/AIDS policy, personnel handbook), social plans

Minimum 5 last years

From date of drafting

Article 2224 French Civil Code. No legal obligation but rule of prevention in regard of prescription period

PAYROLL AND SALARY RECORDS

Administration of wages, including tax-exempt reimbursements

Minimum 3 years
5 years in case of illegal employment

Following the 1st day of the tax year
to which the information relates


Article L244-3 French Social Security Code
and Article L169A 6° LPF (French Tax Procedure
Handbook)

Pay slips

5 years (paper payslips); or
50 years or until employee turns 75 y/o (electronic payslips)

From date of drafting

Article L3243-4 French Labour Code


Information about employees in its administration, including name, date of birth, and address

Minimum 5 years

From date of drafting

Article R1221-26 French Labour Code

MEDICAL/HEALTH RECORDS

Medical files (The employer cannot collect medical data. Thus, the retention period relating to medical files applies to occupational medicine professionals.)

Minimum 10 years

From consolidation of the damage

Article D4624-46 et seq. French Labour Code
No specific retention period but rule of prevention in
regard of prescription period: Article L1142-28 French
Public Health Code


Floor plans and directions – “plan particulier de sécurité et de protection de la santé”

Minimum 5 years

From date of work receipt

Article R4532-74 French Labour Code


Data concerning the Labour Inspectorate, the Health Safety and Working Conditions Committee (“CHSCT”), data concerning industrial accident declarations

Minimum 5 years

From date of drafting

Article D4711-3 French Labour Code


Work-related medical examinations related to:
Hazardous chemical agents

Minimum 50 years

From the date of the employees
last exposure

Article R4412-54 et seq. French Labour Code

Pathogen biological agents

Minimum 10 years

Article R4426-8 et seq. French Labour Code

Individual exposure sheet for employees who have worked under dangerous conditions or whose health has otherwise been under threat

Minimum 2 years


From the date of which the
occupational disease was first
medically diagnosed or the date
of the employees’ last exposure
to those hazardous conditions or
other threats

Articles L4121-3-1 French Labour Code
No specific retention period but rule of prevention in
regard of prescription period: articles L431-2, L461-1
et seq. French Social Security Code


Register of employees who work with 3rd and 4th category biological agents

Minimum 10 years

From the date of the employees’ last
exposure to the biological agents

Article R4426-1 to R4426-4 French Labour Code


Individual exposure sheet for employees who have been exposed to asbestos dust or working in a hyperbaric environment

Minimum 2 years

From the date of which the
occupational disease was first
medically diagnosed or the date
of the employees’ last exposure

Article D4121-9 French Labour Law
No specific retention period but rule of prevention
in regard of prescription period: articles L431-2,
L461-1 et seq. French Social Security Code

Administration concerning measurements of radioactive substances

Records of radiation


Records of noise levels and mechanical vibration levels

Minimum 10 years

From date of evaluation

Articles R4433-3 and R4444-3 French Labour Code


List of employees and individual exposure sheet for those who have possibly been exposed to:
Ionizing radiation
Artificial optical radiation

Minimum 2 years

From the date of which the
occupational disease was first
medically diagnosed or the date
of the employees’ last exposure

Articles R4451-57 to R4451-60 French Labour Code

TYPE OF DOCUMENTS LIKELY TO BE ALSO SUBJECT TO A MAXIMUM RETENTION PERIOD BASED ON DATA PROTECTION LAWS


Data of rejected job applicants, (e.g. application letters, CVs, references, job interview notes)

Maximum 2 years

From the last contact with the
person involved

CNIL recommendation n° 02-017


All data relating to any employee or temporary worker in regard to identification, administration, organisation, social activities and staff representation

Maximum: For the duration of employment

From date of collection

CNIL recommendation n°2005-002 (Simplified Norm n°46)


Reports on employee performance review meetings and assessment interviews (e.g. evaluations, promotions and demotions, agreements concerning activities in relation to the works council)

Maximum: For the duration of employment

From date of collection

CNIL recommendation n°2005-002 (Simplified Norm n°46)


Social and cultural benefits

Maximum: 2 years

Following the provision of the benefit

CNIL recommendation n°2006-230 (Exoneration n°10)

Registration of work and rest periods (in appropriate format)

Maximum: For the duration of employment

From date of collection


CNIL recommendation n°2005-002 (Simplified Norm n°46)


Necessary data for emergency medical care, individual reintegration plans, individual treatment agreements, degree of incapacity for work, required workplace adaptations

Maximum: For the duration of employment

From date of collection

CNIL recommendation n°2005-002 (Simplified Norm n°46)

Geo-location data


Maximum: Depending on the purpose of the processing

From date of collection

CNIL recommendation n°2006-066

Biometric data


Maximum: Duration of the employment contract

From date of collection

CNIL unique authorisations n°AU-007, AU-008, AU-019


On-line traffic data and identification data of a specific website’s users

Minimum 1 year
Maximum 1 year

From date of collection


Article L34-1 French Post and Electronic Communications Code
Article 6 II LCEN (Act for confidence in the digital
economy n°2004-575 21/06/2004)

Camera recordings


Maximum: 1 month (for data processing) The recordings can be archived for an unlimited period
of time in the eventual event of a
criminal prosecution

From date of access or transfer of the recordings

Article L252-3 French Internal Security Code CNIL guidelines

 

 


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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