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Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
Employment contract and related amendments, suspension, termination, etc.: 75 years (stored in personnel file)
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517; Law no. 207/2015 on the Code of Fiscal Procedure, Art. 215
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
Documents retained in personnel file: 75 years; Documents retained in payroll records: 50 years; Otherwise, retain for duration of employment (general best practice)
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
Documents retained in personnel file: 75 years; Documents not retained in personnel file: No statutory period, best practice 3 years after contract termination (general civil statute of limitation) or, 5 years from beginning of next financial year after termination of employment (fiscal statute of limitation)
Personnel file: From date of creation; Documents not retained in personnel file: From end of contract (for 3 year statute of limitation) or, from beginning of next financial year after termination of contract (for 5 year statute of limitation)
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517; Law no. 207/2015 on the Code of Fiscal Procedure, Art. 215
Data and personnel files
Personnel file: 75 years. The personnel file includes, at minimum, documents necessary for hiring, individual labour contract, addenda to the individual labour contract, other documents regarding the amendment, suspension and termination of the individual employment contract, education/qualification documentation and other documentation certifying the legality and accuracy of the registrations performed within General Registry of Employees)
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517; Law no. 207/2015 on the Code of Fiscal Procedure, Art. 215
Government verification records (work papers, immigration, eligibility to work, etc.)
Documents retained in personnel file: 75 years; Documents not retained in personnel file: No statutory period, best practice 3 years after contract termination (general civil statute of limitation) or, 5 years from beginning of next financial year after termination of employment (fiscal statute of limitation)
Personnel file: From date of creation; Documents not retained in personnel file: From end of contract (for 3 year statute of limitation) or, from beginning of next financial year after termination of contract (for 5 year statute of limitation)
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517; Law no. 207/2015 on the Code of Fiscal Procedure, Art. 215
Collective bargaining/union
No statutory retention period, common best practice 3 years after expiration of respective collective labour agreement in light of civil general statute of limitation in case of damages claims (in certain scenarios, claims relating to collective labour agreement may be subject to general statute of limitation of 3 years instead of special one of 30 days)
From end of validity of collective labour agreement
Law no. 287/2009 on the Civil Code, Art. 2517
Background checks and drug tests
Background checks considered documents necessary for hiring: 75 years (as part of personnel file); Background checks not mandatory for hiring (i.e., not kept in personnel file): 3 years after employee contract termination (civil general statute of limitation); Criminal records requested based on legitimate interests of the employer (and not pursuant to a legal obligation): No specific requirement, best practice retain as long as criminal record is valid (normally 6 months). If criminal record is requested pursuant to a legal obligation, it is considered part of personnel file and would be retained for 75 years; Drug tests: No statutory period. If test is for disciplinary proceedings, results should be retained only during the course of proceedings. Otherwise, retention should be assessed depending on purposes for which data is processed
Documents retained in personnel file: From date of creation; Documents not retained in personnel file: From end of contract (for 3 year statute of limitation) or, from beginning of next financial year after termination of contract (for 5 year statute of limitation)
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517
Acknowledgements, policy agreements and required notices
Documents retained in personnel file: 75 years; Documents not retained in personnel file: No statutory period, best practice 3 years after contract termination (general civil statute of limitation) or, 5 years from beginning of next financial year after termination of employment (fiscal statute of limitation)
Documents retained in personnel file: From date of creation; Documents not retained in personnel file: From end of contract (for 3 year statute of limitation) or, from beginning of next financial year after termination of contract (for 5 year statute of limitation)
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
Applicants who are hired: 75 years if documents are retained in personnel file; Unsuccessful applicants: No specific statutory retention period. General civil statute of limitation may apply for claims that could be submitted by rejected applicants (i.e., 3 years)
Applicants who are hired: From date of creation; Unsuccessful applicants: From end of contract
Law no. 16/1996 of the National Archives, Exhibit 6; Law no. 287/2009 on the Civil Code, Art. 2517
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
Personal data: 30 days unless the law provides otherwise. If data is being used in an investigation, personal data may be processed for a longer period (i.e., until conclusion of legal proceeding); Data (camera recordings) from a CCTV system implemented per Law no. 333/2003 on security of objectives, goods, valuables and protection of individuals: Minimum 20 days
From date of record
National Law no 190/2018, Art. 5; Exhibit 1 of Government Decision no. 301/2012 rules for the implementation of the Law no. 333/2003 on security of objectives, goods, valuables and protection of individuals
Miscellaneous 1
Training and personal development: Documents retained in personnel file: 75 years
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6
Miscellaneous 2
Job description: Documents retained in personnel file: 75 years
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Documents retained in payroll records: 50 years; Documents attesting to fiscal registration: 10 years
From date of creation
Law 82/1991 regarding the accounting law, Art. 25; Order no. 2634/2015 on financial accounting documents, Annex 1
Pension and retirement records
Documents retained in personnel file: 75 years
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6
Equity records
No statutory period. If kept in personnel file, retain for 75 years. If documents are related to payroll records, retain 50 years
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6; Law 82/1991 regarding the accounting law, Art. 25
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
50 years
From date of creation
Law 82/1991 regarding the accounting law, Art. 25
Tax records
Documents attesting to fiscal registration: 10 years (If documents are kept in payroll records, retain 50 years)
From end of financial year which records were drafted
Law 82/1991 regarding the accounting law, Art. 25; Order no. 2634/2015 on financial accounting documents, Annex 1
Miscellaneous 1
Employee Expense and Reimbursement Documentation: Documents retained in payroll records: 50 years; Documents attesting to fiscal registration: 10 years
Documents retained in payroll records: From date of creation; Documents attesting to fiscal registration: From end of financial year which records were drafted
Law 82/1991 regarding the accounting law, Art. 25; Order no. 2634/2015 on financial accounting documents, Annex 1
Miscellaneous 2
Social security payments: Documents retained in payroll records: 50 years
From date of creation
Law 82/1991 regarding the accounting law, Art. 25
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Documents retained in personnel file: 75 years; Documents retained in payroll records: 50 years
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6; Law 82/1991 regarding the accounting law, Art. 25
Injury and illness incident reports
No specific statutory retention period. Employment authorities recommend that health and safety at work documentation is retained for existence of the employer and, afterwards, per the rules of the archiving legislation (e.g., 75 years for documents retained in personnel files)
From date of creation
N/A
Medical records
Medical/sick information relating to suspension/termination of employment: 75 years (generally retained in personnel file)
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6; Government Decision No. 355/2007 on the supervision of employees’ health
Hazardous material and other exposure records
Health and safety at work documentation: Employment authorities recommend retaining for existence of employer and, afterwards, per the rules of the archiving legislation (or for at least 3 years per general statue of limitation); Occupational exposure to carcinogens or mutagens at work: 40 years ( retained in occupational medicine structures)
Health and safety at work documentation: From date of creation; Occupational exposure to carcinogens or mutagens at work: From exposure
Law no. 287/2009 on the Civil Code, Art. 2517; Government Decision No. 355/2007 on the supervision of employees’ health
Miscellaneous 1
Absence records: Documents retained in personnel file: 75 years; Documents retained in payroll records: 50 years
From date of creation
Law no. 16/1996 of the National Archives, Exhibit 6; Law 82/1991 regarding the accounting law, Art. 25
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.
