HR Record Retention Requirements

Japan - Summary Chart

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*Note: Some employers choose to retain important documents (e.g. termination documents, wage and hour documents) for 10 years from an employee’s termination since the statute of limitation on breach of contract claims is 10 years.

 

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Japan

Document

Retention Period

Beginning of Retention Period

Legal Reference

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 3 years from last date of employment or death

From creation of contract

Article 109 of Labor Standards Act

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

Minimum 3 years from date of last entry (per record) and last date of employment or death

From creation of record

Article 109 of Labor Standards Act

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

Minimum 3 years from last date of employment or death

From creation of record

Article 109 of Labor Standards Act

Data and personnel files

Minimum 3 years from last date of employment or death

From creation of record

Article 109 of Labor Standards Act

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

Not specified by law. Best practice minimum 3 years from last date of employment or death

Date of completion of the process

Best practice based on Article 109 of Labor Standards Act

Collective bargaining/union

Minimum 3 years from last date of employment or death

Date of completion of the process

Article 109 of Labor Standards Act

Background checks and drug tests

Not specified by law. Best practice minimum 3 years from last date of employment or death

Date of completion of the process

Best practice based on Article 109 of Labor Standards Act

Acknowledgements, policy agreements and required notices

Not specified by law. Best practice minimum 3 years from last date of employment or death

Date of completion of the process

Best practice based on Article 109 of Labor Standards Act

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

Minimum 3 years from last date of employment or death if hired. If never employed, there are no specific recordkeeping requirements

From creation of record

Article 109 of Labor Standards Act

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

Not specified by law. Best practice minimum 3 years from last date of employment or death

Date of completion of the process

Best practice based on Article 109 of Labor Standards Act

Miscellaneous 1

Retirement, resignation and dismissal records: Minimum 3 years from last date of employment or death

Date of separation or death

Article 109 of Labor Standards Act

Miscellaneous 2

Employee List: Minimum 3 years

From employee termination

Article 109, 107 of Labor Standards Act

Miscellaneous 3

Wage Book: 3 years

From last entry

Article 109, 108 of Labor Standards Act

Miscellaneous 4

List to Manage Temporary Workers (if receive temp. workers from staffing agency): 3 years

From end of day received work from applicable temporary worker

Article 42 of Worker Dispatch Act

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Employment health insurance records - minimum 2 years from end of employment or death; Employment insurance records - minimum 2 years (4 years from end of event for records concerning those insured, ex. claim forms; 3 years ) from end of event for documents related to the payment of premiums)

From creation of record

Article 34 of the Ordinance for Enforcement of Health Insurance Act; Article 143 of the Ordinance for Enforcement of Employment Insurance Act; Article 72 of Ordinance for Enforcement of Collecting of Premiums of Employment Related Insurance

Pension and retirement records

Minimum 2 years from end of employment or death

Date of completion of the process

Article 28 of Ordinance for Enforcement of Welfare Pension Insurance Act

Equity records

Not specified by law. Best practice minimum 3 years from last date of employment or death

Date of completion of the process

Best practice based on Article 109 of Labor Standards Act

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 3 years from end of employment or death

From creation of record

Article 109 of Labor Standards Act

Tax records

Minimum 7 years

From statutory due date for the tax filing

Article 70.4 of Act on General Rules for National Taxes

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 3 years from end of employment or death

From creation of record

Article 109 of Labor Standards Act

Injury and illness incident reports

Accident compensation records minimum 3 years from the completion of compensation

From creation of record

Article 109 of Labor Standards Act

Medical records

Statutory checkups - Minimum 5 years - from day of each health checkup; Documents to Certify disability of employee - 3 years from employee's termination

From creation of record

Article 43, 44, 51 of Ordinance for Enforcement of Industrial Safety and Health Act; Article 45 of Ordinance of Enforcement of Enhancement of Employment for Disabled Employees

Hazardous material and other exposure records

Accident compensation records minimum 3 years from the completion of compensation

From creation of record

Article 109 of Labor Standards Act

Miscellaneous 1

Important Minutes of Safety and Health Committee: 3 years

From creation of record

Article 23 of Ordinance of Industrial Safety and Health Act

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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