HR Record Retention Requirements

Japan - Summary Chart

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JAPAN


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

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

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

 

 

 

 

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 for records concerning those insured) from end of employment or death

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 

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

Minimum 5 years

From creation of record

Article 51 of Ordinance for Enforcement of Industrial Safety and Health Act

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.

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