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 5 years

From termination

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. 52 Law n.º 107/2009

Data and personnel files

Minimum 1 to 5 years

From termination

Art.3 EXEMPTION AUTHORIZATION No 4/99 (National Data Protection Commission) and Art. 52 Law n.º 107/2009

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

Minimum 5 years

From termination

Art. 52 Law n.º 107/2009

Collective bargaining/union

Minimum 5 years

From termination

Art. 52 Law n.º 107/2009

Background checks and drug tests

Where allowed, retain only as long as necessary to complete hiring process

From creation

Best practice based on GDPR

Acknowledgements, policy agreements and required notices

Minimum 5 years

From termination

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

From termination

Art.3 EXEMPTION AUTHORIZATION No 4/99 (National Data Protection Commission) and Art. 52 Law n.º 107/2009

BENEFIT/PENSION/EQUITY RECORDS

 

Benefits (plan documents, enrollment records)

Minimum 10 years

From the date to which they relate

Art. 123, CODE OF INCOME TAX FOR COLLECTIVE PERSONS; EXEMPTION AUTHORIZATION No. 1/99 (National Data Protection Commission)

Pension records

Minimum 10 years

From the date to which they relate

Art. 123, CODE OF INCOME TAX FOR COLLECTIVE PERSONS; EXEMPTION AUTHORIZATION No. 1/99 (National Data Protection Commission)

Equity records

Minimum 10 years

From the date to which they relate

Art. 123, CODE OF INCOME TAX FOR COLLECTIVE PERSONS; EXEMPTION AUTHORIZATION No. 1/99 (National Data Protection Commission)

PAYROLL/WAGE/TAX RECORDS

 

 

 

Payroll and wage data (payslips, etc.)

Minimum 10 years

From the date to which they relate

Art. 123 from CODE OF INCOME TAX FOR COLLECTIVE PERSONS and EXEMPTION AUTHORIZATION No. 1/99 (National Data Protection Commission)

Tax records

Minimum 10 years

From the date to which they relate

Art. 123 from CODE OF INCOME TAX FOR COLLECTIVE PERSONS and EXEMPTION AUTHORIZATION No. 1/99 (National Data Protection Commission)

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 and Article 16 concerning the Uniform Insurance Policy for Work Accidents and Occupational Diseases for Other Employees

Injury and illness incident reports

Minimum 5 years

From the date to which they relate

Art. 179 Law n.º 98/2009 and Article 16 concerning the Uniform Insurance Policy for Work Accidents and Occupational Diseases for Other Employees

Medical records

Minimum 5 years

From the date to which they relate

Art. 179 Law n.º 98/2009 and Article 16 concerning the Uniform Insurance Policy for Work Accidents and Occupational Diseases for Other Employees

Hazardous material and other exposure records

Minimum 5 years

From the date to which they relate

Art. 179 Law n.º 98/2009 and Article 16 concerning the Uniform Insurance Policy for Work Accidents and Occupational Diseases for Other Employees

 

 

 


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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