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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 and dismissal records |
Minimum 3 years from last date of employment or death |
Date of retirement or death |
Article 109 of Labor Standards 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 |
Minimum 5 years |
From creation of record |
Article 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 |
Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, 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 PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.
