HR Record Retention Requirements

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Ireland


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Employment contracts & written employment statements with terms of employment: Minimum duration of employment. Must not be retained for longer than necessary.  Retention for 7 years from termination date is general best practice in case of potential breach of contract claim.

Severance agreements: Must not be retained for longer than necessary.  Retention for 7 years from  date of employee termination or date of  agreement (whichever is later) is general best practice in case of breach of contract claim.

From signature of contract or upon creation

Terms of Employment (Information) Act (Sec. 3 Written Statement of Terms of Employment (5));
Employment (Miscellaneous Provisions) Act 2018. Sec. 7;
Best practice: Statute of Limitations, 1957, Sec. 11

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

General minimum 3 years

General maximum 7 years

From termination

Organisation of Working Time Act, 1997, Sec. 25 (1);
National Minimum Wage Act, 2000, Part 4, Sec. 22(1);
Best practice: Statute of Limitations, 1957, Sec. 11

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

No express minimum/maximum, must not be retained for longer than necessary; General best practice retain 7 years in case of a breach of contract claim

From termination

Best practice: Statute of Limitations, 1957, Sec. 11

Data and personnel files

Varies depending on record, but must not be retained for longer than necessary

From creation

Best practice: Statute of Limitations, 1957, Sec. 11;                                                 GDPR

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

Foreign Nationals (employment record, duration of employment and permit details): Minimum 5 years or length of employment, whichever is longer

From start of employment

Employment Permits Act 2006, Sec. 27

Collective bargaining/union

No express minimum/maximum, must not be retained for longer than necessary

From creation

Best practice

Background checks and drug tests

No express minimum/maximum, must not be retained for longer than necessary; General best practice retain 7 years in case of a breach of contract claim

Note: Criminal background checks only permitted in very limited circumstances

From date of check/test

Best practice: Statute of Limitations, 1957, Sec. 11

Acknowledgements, policy agreements and required notices

No express minimum/maximum, must not be retained for longer than necessary; General best practice retain 7 years in case of a breach of contract claim

From date of acknowledgment or notice

Best practice: Statute of Limitations, 1957, Sec. 11

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

Advertisements for job vacancies: minimum 1 year after position is filled

Application forms, interview notes, employment references, etc.: No express minimum/maximum. Unsuccessful  applicant records recommend retaining minimum of 12 months from rejection; hired employee records retain for minimum of 1 year after date of termination and a maximum of 7 years

From creation

Employment Equality Act, 1998 (77);
Best practice: Statute of Limitations, 1957, Sec. 11;                                   GDPR

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

No express minimum/maximum, must not be retained for longer than necessary for specified purpose

From date of recording

Best practice, GDPR

Redundancy payments form RP50

Best practice minimum 1 year; no explicit requirement, but retain for no longer than necessary. Redundancies can give rise to  unfair dismissal claims which must be brought within 1 year

From date of creation

Unfair Dismissals Act, 1977

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

No express minimum/maximum; Best practice duration of plan and maximum of 7 years thereafter

From creation

Best practice: Statute of Limitations, 1957, Sec. 11

Pension records

No express minimum/maximum; Best practice duration of pension plan and maximum 7 years thereafter

Employee pension contribution records: Maximum 7 years from employee termination

From creation

Best practice: Statute of Limitations, 1957, Sec. 11

Equity records

Unit Trust Schemes: No express  minimum/maximum; Best practice duration of scheme and maximum 7 years thereafter

From creation

Best practice: Statute of Limitations, 1957, Sec. 11

Records relating to Protection of Young Persons

Minimum 3 years

From creation

Protection of Young Persons (Employment) Act, 1996, Sec. 15

PAYROLL/WAGE/TAX RECORDS

 

 

Payroll and wage data (payslips, etc.)

Best practice retain for minimum 1 year as claims must be brought within 12 months from date of an unlawful wage deduction (ex., records of wages paid, deductions from wages)                                                                          

Minimum wage related records: Minimum 3 years from date of wage payment (ex. gross pay, details of working/overtime hours records); Best practice retain 7 years from termination in case of breach of contract claim (Claims can be made within 6 years from date an employee claims that they were not paid contractual salary or bonus payment)

From creation

Payment of Wages Act 1991;
National Minimum Wage Act 2000, Part 4, Sec. 22

Tax records

Minimum 6 years

From close of tax year

Taxes Consolidation Act 1997

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Parental &  force majeure (family illness/injury) leave: Minimum 8 years from start of leave

Other leave: Maximum 7 years from termination

From start of leave or from termination of employment

Parental Leave Act, 1998, Sec. 27 (2);
Best practice - Statute of Limitations, 1957, Sec. 11

Injury and illness incident reports

Records containing full details of all accidents or dangerous occurrences: Minimum 10 years

Safety statements: Retain indefinitely or for minimum of 6 years after current statement is superseded

From date of accident or dangerous occurrence

S.I. No. 370/2016 - Safety, Health and Welfare at Work (General Application) (Amendment) (No. 3) Regulations 2016, Sec. 226

Medical records

Details in relation to absence or sick leave: Best practice 3 years

Medical certificates and health data: General best practice maximum 7 years from termination of employment, 8 years if employee has taken carer's or parental leave

From creation

Parental Leave Act, 1998, Sec. 27 (2);
Statute of Limitations, 1957, Sec. 11

Hazardous material and other exposure records

1. Radiation Dose Monitoring (Category B persons): Minimum 5 years (radiation dose monitoring, category B persons);
2. Radiation Dose Monitoring & Radiation Medical Surveillance (Category A Persons): Minimum until worker has or would have attained 75 years of age, or 50 years (whichever is longer);
3. Biological agent exposure (Group 2, 3 and 4 agents): Minimum 10 years and maximum 40 years (depending on likely duration of risk);
4. Asbestos Exposure Health Register: Minimum 40 years

1. Date last measurement was made (Category B persons)

2, 3 & 4. From last date of last known exposure

S.I. No. 125/2000 - Radiological Protection Act, 1991 (Ionising Radiation) Order, 2000, Arts. 22 & 25;
S.I. No. 872/2013 - Safety, Health and Welfare at Work (Biological Agents) Regulations 2013, Art. 15;
S.I. No. 386/2006 - Safety, Health and Welfare at Work (Exposure to Asbestos) Regulations 2006, Art. 25

 

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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