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THE PHILIPPINES |
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RETENTION PERIOD |
BEGINNING OF RETENTION PERIOD |
LEGAL REFERENCE |
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EMPLOYMENT RECORDS |
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Contracts (new hire agreements, severance, etc.) |
Minimum: 4 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Time records (work hours, rest periods, vacation/sick/holiday, etc.) |
Minimum 4: years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.) |
Minimum 4: years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Data and personnel files |
Minimum 4: years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Government verification records (work papers, immigration, eligibility to work, etc.) |
Minimum 4: years |
From termination |
Callanta v. Carnation Philippines, Inc., G.R. No. 70615, 28 October 1986 |
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Collective bargaining/union |
Minimum 4: years |
From end of labor union agreement |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Background checks and drug tests |
Maximum: only as long as necessary to achieve purpose; for establishment/exercise/defense of legal claim |
From initiation of check |
Data Privacy Act of 2012 |
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Acknowledgements, policy agreements and required notices |
Minimum: 4 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Recruitment (interview notes, resumes/CVs, reference checks, etc.) |
Minimum: 1 year (if not hired) or 4 years (if hired) |
From end of recruitment (if not hired) or from termination (if hired) |
Presidential Decree No. 442, Article 290 (Labor Code) |
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Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.) |
Minimum: 4 years |
From termination |
Presidential Decree No. 442, Article 290 (Labor Code) |
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BENEFIT/PENSION/EQUITY RECORDS |
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Benefits (plan documents, enrollment records) |
Minimum: 3 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Pension records |
Minimum: 3 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Equity records |
Minimum: 3 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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PAYROLL/WAGE/TAX RECORDS |
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Payroll and wage data (payslips, etc.) |
Minimum: 10 years |
From last day of prescribed filing deadline |
Revenue Regulation No. 17-2013 |
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Tax records |
Minimum: 10 years |
From last day of prescribed filing deadline |
Revenue Regulation No. 17-2013 |
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MEDICAL/SAFETY/LEAVE RECORDS |
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Leave (family, medical, etc.) |
Minimum: 4 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Injury and illness incident reports |
Minimum: 3 years |
From the time the right of action accrues |
Presidential Decree No. 442, Article 291 (Labor Code) |
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Medical records |
Minimum: 4 years |
From termination |
Presidential Decree No. 442, Article 290, 291 (Labor Code) |
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Hazardous material and other exposure records |
Recommended minimum 5 years |
From exposure |
Rule 1093.17 of the Occupational Safety and Health Standards does not provide for a specific period. Recommended best practice to cover most of the prescription periods for different actions. |
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.
