|
|
RETENTION PERIOD |
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 |
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.
