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JAPAN |
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RETENTION PERIOD |
BEGINNING OF RETENTION PERIOD |
LEGAL REFERENCE |
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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 |
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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 |
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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 |
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Data and personnel files |
Minimum 3 years from last date of employment or death |
From creation of record |
Article 109 of Labor Standards Act |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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Employee List |
Minimum 3 years |
From employee termination |
Article 109, 107 of Labor Standards Act |
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Wage Book |
3 years |
From last entry |
Article 109, 108 of Labor Standards Act |
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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 |
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BENEFIT/PENSION/EQUITY RECORDS |
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Benefits (plan documents, enrollment records) |
Employment health insurance records - minimum 2 years from end of employment or death |
From creation of record |
Article 34 of the Ordinance for Enforcement of Health Insurance Act |
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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 |
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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 |
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PAYROLL/WAGE/TAX RECORDS |
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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 |
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Tax records |
Minimum 7 years |
From statutory due date for the tax filing |
Article 70.4 of Act on General Rules for National Taxes |
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MEDICAL/SAFETY/LEAVE RECORDS |
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Leave (family, medical, etc.) |
Minimum 3 years from end of employment or death |
From creation of record |
Article 109 of Labor Standards Act |
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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 |
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Medical records |
Statutory checkups - Minimum 5 years - from day of each health checkup |
From creation of record |
Article 43, 44, 51 of Ordinance for Enforcement of Industrial Safety and Health Act |
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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 |
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Important Minutes of Safety and Health Committee |
3 years |
From creation of record |
Article 23 of Ordinance of Industrial Safety and Health Act |
