HR Record Retention Requirements

Portugal - Summary Chart

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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

 

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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