HR Record Retention Requirements

Italy

DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 10 years (general statute of limitations)

From employee termination

Art. 2946, Italian Civil Code

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

Minimum 5 years

From last entry

Ministerial Decree 9th July 2008

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

Minimum 10 years (general statute of limitations)

From creation of record

Art. 2946, Italian Civil Code

Data and personnel files

Staff Register (Libro Unico del Lavoro): Minimum 5 years

General: Retain only as long as necessary to achieve purpose of collection

*Wage/tax related information (name, DOB, tax ID number, address, wage withholding adjustment requests from employees): See payroll and wage data

Staff Register: From last entry

General: From creation of record

Ministerial Decree 9th July 2008

Art. 2948, Italian Civil Code

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

Minimum 10 years (general statute of limitations)

From creation of record

Art. 2934, Italian Civil Code

Collective bargaining/union

Minimum 10 years (general statute of limitations)

From when no longer in force

Art. 2946, Italian Civil Code

Background checks and drug tests

Retain only as long as necessary to achieve purpose

From creation of record

EU Regulation 679/2016, Data Protection Code 196/2003

Acknowledgements, policy agreements and required notices

Minimum 5 years

Acknowledgements: From creation of record.

Policy agreements and required notices: From when no longer in force

Art. 2946, Italian Civil Code (general statute of limitations)

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

Retain only as long as necessary to achieve purpose of collection

From creation of record

EU Regulation 679/2016, Data Protection Code 196/2003

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

Camera recordings: Maximum 48 hours

From recording

DPA Code and DPA Order of 29/11/2000

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 5 years (minimum 10 years is advisable)

From creation of record

Art. 2946, Italian Civil Code

Pension records

Minimum 5 years (minimum 10 years is advisable)

From creation of record

Art. 3, Law 335/1995

Equity records

Minimum 5 years (minimum 10 years is advisable)

From creation of record

Art. 2946, Italian Civil Code

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 5 years in case fiscal income statement has been issued

Minimum 7 years in case of omission to issue a fiscal income declaration

Payslips (copy) and receipt of delivery to employees: Minimum 5 years (minimum 10 years is advisable)

The year following the one in which income statement was/should have been issued

Payslips (copy) and receipt of delivery to employees: From employee termination

Art. 43, Presidential Decree no. 600/1973

Law 5th January 1953, no. 21

Resolution no. 8/2010 of the Minister of Employment

Tax records

Minimum 5 years in case fiscal income statement has been issued

Minimum 7 years in case of omission to issue a fiscal income declaration

The year following the one in which income statement was/should have been issued

Art. 43, Presidential Decree no. 600/1973

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 5 years

From creation of record

Best Practice

Injury and illness incident reports

Minimum 5 years (Minimum 10 years is advisable)

From creation of record

Legislative Decree 81/2008

Medical records

Retain only as long as necessary to achieve purpose

Medical records of those exposed to ionizing radiation: Until 75 years of age and minimum 30 years

From creation of record

Ionizing radiation exposure: Employee termination

Art. 25, Legislative Decree 81/2008


Art. 90, Legislative Decree no. 230 of 1995

Hazardous material and other exposure records

Register of employees who work with 3rd and 4th category biological agents: Minimum until end of employment

Register of employees exposed to asbestos: Minimum 40 years

From creation of record

Asbestos: Until end of exposure

Legislative Decree 81/2008 and best practice

Floor plans

Minimum 10 years (based on statute of limitations)

From end of validity

General best practice