HR Record Retention Requirements

PORTUGAL

DOCUMENTS

RETENTION PERIOD
(minimum and/or maximum)

BEGINNING OF  RETENTION PERIOD

LEGAL REFERENCE

EMPLOYMENT RECORDS

Contracts (new hire agreements, severance, etc.)

Minimum 1 to 5 years (statute of limitations varies depending on type of claim)

From termination

Art. 337, Portuguese Labour Code;
Art. 52, Law n.º 107/2009

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

Minimum 5 years

From termination

Art. 202 and 231, Portuguese Labour Code

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

Minimum 5 years

From termination

Art. 337, Portuguese Labour Code;
Art. 52, Law n.º 107/2009

Data and personnel files

Minimum 1 to 5 years

From termination

Art. 337, Portuguese Labour Code;
Art. 52, Law n.º 107/2009

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

Foreign employees ID and foreign employee records: 10 years

From termination

Art. 337, Portuguese Labour Code; Art. 52, Law n.º 107/2009

Collective bargaining/union

Minimum 1 to 5 years

From termination

Art. 337, Portuguese Labour Code;
Art. 52, Law n.º 107/2009

Background checks and drug tests

Where allowed, retain only as long as necessary to complete hiring process (delete after recruitment process unless relevant to on-going employment; if relevant, retain only if conviction unspent and delete once conviction spent)

From creation

Best practice based on GDPR, Art. 10

Acknowledgements, policy agreements and required notices

Minimum 1 to 5 years

From termination

Art. 337, Portuguese Labour Code;
Art. 52, Law n.º 107/2009

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

Minimum 5 years

From the date to which they relate

Art. 32, Portuguese Labour Code

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

Maximum 1 to 5 years

*Specific recommendation from National Data Protection Commission to keep vehicles geo-location data for 1 week Maximum

CCTV Recordings: Maximum 30 days

From termination

CCTV Recordings: From date of recording

Art. 337, Portuguese Labour Code;
Art. 52, Law n.º 107/2009;
Art. 31, of Law n.º 34/2013 on Private Security Activity

BENEFIT/PENSION/EQUITY RECORDS

Benefits (plan documents, enrollment records)

Minimum 10 years

From the date to which they relate

Art. 19, Decree-Law 28/2019

Pension records

Minimum 10 years

From the date to which they relate

Art. 19, Decree-Law 28/2019

Equity records

Minimum 10 years

From the date to which they relate

Art. 19, Decree-Law 28/2019

PAYROLL/WAGE/TAX RECORDS

Payroll and wage data (payslips, etc.)

Minimum 10 years

From the date to which they relate

Art. 19, Decree-Law 28/2019

Tax records

Minimum 10 years

From end of fiscal year to which records relate

Art. 19, Decree-Law 28/2019

MEDICAL/SAFETY/LEAVE RECORDS

Leave (family, medical, etc.)

Minimum 5 years

From the date to which they relate

Art. 179, Law n.º 98/2009; Art. 73-B, Law n.º 102/2009 of 10 September on Health and Safety at Work

Injury and illness incident reports

Minimum 5 years

From the date to which they relate

Art. 179, Law n.º 98/2009; Art. 73-B, Law n.º 102/2009 of 10 September on Health and Safety at Work

Medical records

General: Minimum 5 years

Exposure to level 3 and 4 biological agents: Minimum 10 years (40 years if exposure to hazardous substances caused latent or persistent infections or with late diagnosis)

From date of last entry in record

Decree-Law n.º 84/97 of April 16 on Exposure of Employees to Biological Agents; Art. 46(3), Law n.º 102/2009 of 10 September on Health and Safety at Work; Art. 73-B, Law n.º 102/2009 of 10 September on Health and Safety at Work

Hazardous material and other exposure records

General: Minimum 5 years

Exposure to level 3 and 4 biological agents: Minimum 10 years (40 years if exposure to hazardous substances caused latent or persistent infections or with late diagnosis)

From date of last entry in record

Decree-Law n.º 84/97 of April 16 on Exposure of Employees to Biological Agents; Art. 46(3), Law n.º 102/2009 of 10 September on Health and Safety at Work; Art. 73-B, Law n.º 102/2009 of 10 September on Health and Safety at Work