Note: Serbia’s Law on Records Regarding Employment requires that employers maintain a record containing certain data about the employee. Only this statutory record must be retained permanently. The record can be a single-source document with all the required information (such as an Excel file) or, multiple documents that together contain all the required data. The retention of underlying/supporting records are regulated by the Data Privacy Law which requires that documents containing personal data are retained only for the period necessary to accomplish the purpose of the data processing.
Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
Limit to term of employment or a specific period after termination which can be justified as necessary for performance of a contract, complying with legal obligation or fulfilling a legitimate interest
From date contract is terminated
Best practice based on Law on Records Regarding Employment, Arts. 5, 7, 24 and 25; Data Protection Law, Art. 5
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
Permanent
Creation of record
Law on Records Regarding Employment, Arts. 5, 7, 24 and 25
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
Limit to term of employment or a specific period after termination which can be justified as necessary for performance of a contract, complying with legal obligation or fulfilling a legitimate interest
Creation of record
Best practice based on Data Protection Law, Art. 5
Data and personnel files
Retain data in Statutory Record permanently
Creation of record
Law on Records Regarding Employment, Arts. 5 and 7
Government verification records (work papers, immigration, eligibility to work, etc.)
Limit to term of employment or a specific period after termination which can be justified as necessary for performance of a contract, complying with legal obligation or fulfilling a legitimate interest
Creation of record
Best practice based on Data Protection Law, Art. 5
Collective bargaining/union
Permanent
Date agreement is finalized
Company Law, Arts. 240 and 464
Background checks and drug tests
Hired candidates- Limit to period needed to accomplish purpose; Applicants who aren't hired - not regulated under the Law
From date of check/test
Best practice based on Data Protection Law, Art. 5
Acknowledgements, policy agreements and required notices
Hired candidates- permanently; Applicants who aren't hired - not regulated under the Law
Date document is distributed/signed
N/A
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
Limit to term of employment or a specific period after termination which can be justified as necessary for performance of a contract, complying with legal obligation or fulfilling a legitimate interest
Creation of record
Best practice based on Data Protection Law, Art. 5
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
Recordings directly related to safety and protection - minimum of 30 days; GPS, online tracking, video monitoring etc.: Retain no longer than necessary to fulfill purpose based on the legitimate grounds under the Data Protection Law
From creation of record
Law on Records Regarding Employment, Art. 23; Law on Private Security; Best practice based on Data Protection Law, Art. 5
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Limit to term of employment or a specific period after termination which can be justified as necessary for performance of a contract, complying with legal obligation or fulfilling a legitimate interest
Date Employment Agreement is signed
Best practice based on Data Protection Law, Art. 5; Law on Records Regarding Employment, Arts. 7, 24 and 25
Pension and retirement records
Records on whether employee is retired or if person is receiving disability pension in the Statutory Record; Limit to term of employment or a specific period after termination which can be justified as necessary for performance of a contract, complying with legal obligation or fulfilling a legitimate interest
Date Employment Agreement is signed
Best practice based on Data Protection Law, Art. 5; Law on Records Regarding Employment, Arts. 7, 24 and 25
Equity records
Decisions on company's change of capital and/or annual reports on company's operations and consolidated annual reports - retain permanently; Other equity related records - minimum 5 years.
Creation of record
Company Law, Art. 464
Miscellaneous 1
Record on users of disability insurance: Retain permanently (Includes employee first/last name; personal number; gender; place/date of birth; permanent residence and address (place, municipality, republic); occupation, education, type/degree; insurance basis; date for recognition of right, commence date of exercise of right, type of right which is exercised; date of termination of right)
Creation of record
Law on Records Regarding Employment, Arts. 42 and 43
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Permanent (this also includes payrolls lists and analytic reports on salaries)
Creation of record
Law on Records Regarding Employment, Arts. 7, 24 and 25; The Law on Accounting, Art. 24
Tax records
N/A
N/A
N/A
Miscellaneous 1
Record on employee salaries: Retain permanently
Creation of record
Law on Records Regarding Employment, Art. 24 and 25
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Permanent
Creation of record
Law on Records Regarding Employment, Arts. 7, 24 and 25
Injury and illness incident reports
40 years
From date of incident
Law on Safety and Health at Work, Art. 49; Rulebook on Records regarding Safety and Health at Work, Art. 17
Medical records
Medical records relating to work injury, occupational illness or other illness related to work - 40 years; Medical, health and safety records relating to employees who are working in places with higher risk - 40 years; Otherwise, retain permanently
From date of incident or creation of record/medical report
Law on Records Regarding Employment, Arts. 7, 24 and 25; Law on Safety and Health at Work, Art. 49; Rulebook on Records regarding Safety and Health at Work, Art. 17
Hazardous material and other exposure records
40 years (3 years from date hazardous material is not in use and 40 years from exposure to dangerous occurrence)
Date of exposure or incident
Law on Safety and Health at Work, Art. 49; Rulebook on Records regarding Safety and Health at Work, Art. 17
Miscellaneous 1
Records regarding the safety and health at work: 40 years, i.e. Records relating to: workplaces with higher risk; employees working in places with higher risk and their medical exams; work injury/occupational illness/work-related illness; employees trained for safety and health work; reports to labor inspectorate and internal affairs authority; relating to death, collective/serious injury at work, or work injury where employee cannot work for 3+ consecutive bus. days, or occurrence that could endanger health/safety; registration of occupational illness; medical exams conducted in accordance with work safety and health regulations; registration of occurrences which may endanger employee health/safety
Creation of record
Law on Safety and Health at Work, Art. 49; Rulebook on Records regarding Safety and Health at Work, Art. 17
Miscellaneous 2
Records regarding safety and health at work: Records relating to examinations of work environment conditions; inspections and audits of work equipment; means and equipment issued for protection at work: 6 years from date of termination of expert report
Creation of record
Law on Safety and Health at Work, Art. 49; Rulebook on Records regarding Safety and Health at Work, Art. 17
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.
