HR Record Retention Requirements

Malaysia - Summary Chart*

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*In Malaysia, as a general best practice, employers often keep records one year longer than the official retention period in case a claim is made at the end of a relevant period. In cases where there is a claim, the related records are retained until the claim is resolved.

 

Malaysia


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 6 years (12 years if there's a judgment)

From end of contract

Limitation Act 1953 (Part II, 6)

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

Roster of work/rest schedule: Minimum 6 years

General time records: Minimum 6 years

Roster of work/rest schedule: From last day of the month to which record relates

General time records: From recording

Employment Act 1955 (Part XII, 59 (3) and Part XIII 61 (2))

Employment Regulations 1957

Employees Provident Fund Act 1991 (Part 5, 42 (2))

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

Minimum 6 years (If a judgment has been obtained, documents should be retained for up to 12 years, until time period for successful part to enforce judgment expires)

From end of employment

Limitation Act 1953 (Part II, 6)

Data and personnel files

Employer register and other personnel records: Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

Employment Regulations 1957

Employment Act 1955 (Part XII, 59 (3) and Part XIII 61 (2))

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

Records relating to employee register (ex., National Registration Identification Card Number, employment permit or Immigration Work Pass number): Minimum 6 years

From end of employment

Employment Regulations 1957

Employment Act 1955 (Part XII, 59 (3) and Part XIII 61 (2))

Collective bargaining/union

Minimum 6 years

From date of creation  (union recognition information) or last date of applicability (collective agreements)

Limitation Act 1953 (Part II, 6)

Background checks and drug tests

Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

Acknowledgements, policy agreements and required notices

Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

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

Hired employees: Minimum 6 years (12 years if there's a judgment) for employees

Applicants not hired: No specific requirement. Employer should be guided by data protection laws.

Hired employees: From end of employment

Applicants not hired: N/A

Limitation Act 1953 (Part II, 6)

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

Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Employer register and other personnel records: Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

Employment Regulations 1957

Employment Act 1955 (Part XII, 59 (3) and Part XIII 61 (2))

Pension records

Employer register and other personnel records: Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

Employment Regulations 1957

Employment Act 1955 (Part XII, 59 (3) and Part XIII 61 (2))

Equity records

Employer register and other personnel records: Minimum 6 years (12 years if there's a judgment)

From end of employment

Limitation Act 1953 (Part II, 6)

Employment Regulations 1957

Employment Act 1955 (Part XII, 59 (3) and Part XIII 61 (2))

PAYROLL/WAGE/TAX RECORDS

 

 

Payroll and wage data (payslips, etc.)


Documents containing information on employees and wages (required under the Pembangunan Sumber Manusia Berhad Act): Minimum 6 years

From creation of record

Pembangunan Sumber Manusia Berhad Act 2001

Tax records

Minimum 7 years

From end of year to which income relates

Income Tax Act 1967 (Part V, 82)

Register to be kept under Employees' Provident Fund Act (includes employee details, contribution records, payroll and wage data)

Minimum 6 years

From creation of record

Employees Provident Fund Act 1991 (Part 5, 42 (2))

Registers required under Employees' Social Security Act & Employee Insurance System (includes employee details, contributions, all records of contribution payments and wages)

Minimum 7 years

From creation of record

Employees' Social Security (General) Regulations 1971 (Part II, 34)

Employment Insurance System (Registration and Contribution) Regulations 2017 (Reg 8)

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

General: Minimum 6 years (12 years if there's a judgment)

Register of maternity leave and allowance: Minimum 6 years

From end of leave/creation of record

Limitation Act 1953 (Part II, 6)

Employment Regulations 1957

Employment Act 1955 (Part XII 59 (3), Part IX 44, and Part XIII 61

Injury and illness incident reports

General: Minimum 5 years

Report of accident or occupational disease given to Social Security Office: Minimum 5 years

From date of creation of form/report/record

Employees' Social Security (General) Regulations 1971 (Part III, 71 and 71A)

Occupational Safety and Health (Notification of Accident, Dangerous Occurrence, Occupational Poisoning and Occupational Disease) Regulations 2004 (Part IV, 10 (2))

Medical records

Health surveillance records relating to hazardous chemicals: Minimum 30 years

From creation of record

Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 (Part IX, 27)

Hazardous material and other exposure records

Records of individual's exposure to chemicals hazardous to health (including summary and monitoring records): Minimum 30 years (otherwise minimum 5 years)

From date of creation of record

Occupational Safety and Health (Use and Standards of Exposure of Chemicals Hazardous to Health) Regulations 2000 (Part VII, 26)

 


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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