Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
Minimum 3 years
From date of termination
Labor Standards Act, Art. 42; Enforcement Decree of the Labor Standards Act, Art. 22
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
Minimum 3 years
From creation of record
Labor Standards Act, Arts. 42 & 48; Enforcement Decree of the Labor Standards Act, Art. 22 & 27
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
Minimum 3 years Documents concerning disciplinary measures relating to sexual harassment on the job: Minimum 3 years Ledger of acceptance and handling of grievances: Minimum 3 years for employer; and, minimum 1 year for Grievance Handling Committee Member
From creation of record
Equal Employment and Support for Work-Family Reconciliation Act, Art. 33; Enforcement Decree of the Equal Employment Opportunity and Support for Work-Family Reconciliation Act, Art. 18(3) & Article 19; Enforcement Decree of the Act on the Promotion of Workers' Participation and Cooperation, Art. 9
Data and personnel files
Minimum 3 years
From date of dismissal, retirement, or death of a worker
Labor Standards Act, Arts. 41 & 42; Enforcement Decree of the Labor Standards Act, Art. 20 & 22
Government verification records (work papers, immigration, eligibility to work, etc.)
Minimum 3 years
From date of termination
Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Arts. 20 & 22
Collective bargaining/union
Minutes of meetings; financial records and labor union documents: Minimum 3 years Minutes of labor-management council: Minimum 3 years
From creation of record
Trade Union and Labor Relations Adjustment Act, Arts. 14; Act on the Promotion of Workers' Participation and Cooperation, Art.19 (2)
Background checks and drug tests
N/A
N/A
N/A
Acknowledgements, policy agreements and required notices
Minimum 3 years
From date of agreement
Labor Standards Act, Articles 41 & 42; Enforcement Decree of the Labor Standards Act, Arts. 20 & 22
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
Note: There is currently a conflict between statutes Fair Procedure Act: Individuals who aren't hired - Period determined by the employer within the range of 14 to 180 days for records of applicants not hired Labor Standards Act: Hired employees - Minimum 3 years Act on Equal Employment and Support for Work-Family Reconciliation: Minimum 3 years, regardless of whether applicant is hired
Individuals who aren't hired: From date which decision was made Hired employees: From date of termination
Labor Standards Act, Art. 42; Enforcement Decree of the Labor Standards Act, Art. 22 Fair Hiring Procedure Act, Art. 11; Enforcement Decree of the Fair Hiring Procedure Act, Art. 3 Act on Equal Employment and Support for Work-Family Reconciliation, Art. 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Art. 19
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
Not specifically regulated. However, the best practice is that if such tracking/recording includes any personal information, the tracking/recording should be destroyed immediately when the purpose for obtaining such information becomes no longer necessary.
N/A
Best practice based on PIPA
Miscellaneous 1
Register of Workers: Minimum 3 years
From date of dismissal, retirement, or death of a worker
Labor Standards Act, Arts. 41 & 42; Enforcement Decree of the Labor Standards Act, Art. 22
Miscellaneous 2
Minor Certificates (for employees under 18 yrs.): Minimum 3 years (certificate to be kept at minor employee's workplace)
From date minor turns 18 or terminates employment
Labor Standards Act, Art. 42; Enforcement Decree of the Labor Standards Act, Art. 22
Miscellaneous 3
Documents verifying preventative education on sexual harassment: Minimum 3 years
From creation of record
Act on Equal Employment and Support for Work-Family Reconciliation, Art. 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Art. 19
Miscellaneous 4
Ledger for Management of Utilization Business (relating to temporary workers): Minimum 3 years
From end date of dispatch
Act on the Protection, Etc. of Temporary Agency Workers, Art. 33; Enforcement Rules of Act on the Protection, Etc. of Temporary Agency Workers, Art. 17 (3)
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Minimum 3 years
From creation of record
Labor Standards Act, Arts. 42 & 48; Enforcement Decree of the Labor Standards Act, Art. 22 & 27
Pension and retirement records
Minimum 3 years Documents verifying workplace-based insured person or person who has lost such status for national pension: Minimum 5 years
From creation of record
Labor Standards Act, Arts. 42 & 48; Enforcement Decree of the Labor Standards Act, Arts. 22 & 27; National Pension Act, Art. 23 (3); Enforcement Rules of National Pension Act, Art. 18
Equity records
N/A
N/A
N/A
Miscellaneous 1
Health insurance records, including management of eligibility requirements and calculation of insurance contributions: Minimum 3 years
From creation of record
National Health Insurance Act, Art. 96-2 (2); Enforcement Rules of National Health Insurance Act, Art. 58 (3)
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Minimum 3 years
From date of last entry
Labor Standards Act, Arts. 48; Enforcement Decree of the Labor Standards Act, Art. 22
Tax records
Minimum 5 years
From date when deadline for returns expires
Corporate Tax Act, Art. 116
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Documents related to leave: Minimum 3 years Accident compensation related leave records: Longer of 3 years (Statute of Limitation for Accident Claims) or until accident compensation is finished
Leave records: From date of leave Accident leave records: From date of injury/incident
Labor Standards Act, Arts. 91 & 92; Enforcement Decree of the Labor Standards Act, Art. 22 Act on Equal Employment and Support for Work-Family Reconciliation, Art. 33; Enforcement Decree of the Act on Equal Employment and Support for Work-Family Reconciliation, Art. 19
Injury and illness incident reports
Accident compensation related records: Longer of 3 years (Statute of Limitation for Accident Claims) or until accident compensation is finished
From date of injury/incident
Labor Standards Act, Art. 91 (Keeping of Documents) & 92 (Prescription)
Medical records
Minimum 3 years Health diagnosis results table: Minimum 5 years Records relating to employees handling carcinogenic substances (designated by Minister of Employment and Labor): Minimum 30 years
From creation of record
Occupational Safety & Health Act, Art. 64 (Keeping of Documents); Enforcement Rules of Occupational Safety & Health Act, Art.107
Hazardous material and other exposure records
Minimum 3 years
From creation of record
Occupational Safety & Health Act, Art. 64 (Keeping of Documents)
Miscellaneous 1
Occupational Health and Safety Committee meeting minutes; and, Council on Safety and Health meeting minutes: Minimum 2 years
From creation of record
Occupational Safety & Health Act, Art. 64 (Keeping of Documents)
Miscellaneous 2
Documents relating to: (a) industrial accident incidents; (b) appointing individuals to be in charge of management, safety officers, health officers, a person in charge of safety and health management, and occupational health doctors; (c) descriptions taken for safety and health measures (as specified by the Ordinance of the Ministry of Employment and Labor); (d) investigations of the harmfulness and danger of chemical substances; measuring working environments: Minimum 3 years
From creation of record
Occupational Safety & Health Act, Art. 64 (Keeping of Documents)
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.
