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Document
Retention Period
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From when no longer in force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Acknowledgements: From creation of record; Policy agreements and required notices: From when no longer in force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 and retirement 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
Miscellaneous 1
Floor plans: Minimum 10 years (based on statute of limitations)
From end of validity
General best practice
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.
