HR Record Retention Requirements

Republic of the Philippines - Summary Chart

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THE PHILIPPINES


DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum: 4 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

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

Minimum 4: years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

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)

Data and personnel files

Minimum 4: years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

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

Collective bargaining/union

Minimum 4: years

From end of labor union agreement

Presidential Decree No. 442, Article 290, 291 (Labor Code)

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

Acknowledgements, policy agreements and required notices

Minimum: 4 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

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)

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

Minimum: 4 years

From termination

Presidential Decree No. 442, Article 290 (Labor Code)

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum: 3 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

Pension records

Minimum: 3 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

Equity records

Minimum: 3 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum: 10 years

From last day of prescribed filing deadline

Revenue Regulation No. 17-2013

Tax records

Minimum: 10 years

From last day of prescribed filing deadline

Revenue Regulation No. 17-2013

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum: 4 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

Injury and illness incident reports

Minimum: 3 years

From the time the right of action accrues

Presidential Decree No. 442, Article 291 (Labor Code)

Medical records

Minimum: 4 years

From termination

Presidential Decree No. 442, Article 290, 291 (Labor Code)

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.

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