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Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
Minimum 5 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
Minimum 4 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Organic Law 7/2012, of 27th December; Royal Decree-Law 8/2019, of 8th March, on urgent measures for social protection and the fights against precarious employment in the workplace
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
Minimum 4 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Royal Decree-Law 8/2019, of 8th March, on urgent measures for social protection and the fights against precarious employment in the workplace
Data and personnel files
Minimum 4 years; Maximum 10 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Organic Law 7/2012, of 27th December; Royal Decree-Law 8/2019, of 8th March, on urgent measures for social protection and the fights against precarious employment in the workplace; Law 58/2003 of 17th December, on General Taxation
Government verification records (work papers, immigration, eligibility to work, etc.)
Minimum 5 years; Maximum 10 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Organic Law 7/2012, of 27th December
Collective bargaining/union
Minimum 5 years; Maximum 10 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Organic Law 7/2012, of 27th December; Law 58/2003 of 17th December, on General Taxation
Background checks and drug tests
Minimum 5 years; Maximum 10 years
From creation of record
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act
Acknowledgements, policy agreements and required notices
Minimum 5 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
Applicants who aren't hired: Minimum 1 year; Applicants who are hired: Minimum 5 years
Applicants: From date of rejection of job applicant or date of termination of recruitment process Hired employees: From employee termination date
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
Camera recordings: Maximum 1 month; Biometric recordings (for security purposes): Maximum 1 month; Biometric recordings (for control purposes): Minimum 4 years; Geolocation recordings for proof of execution of a service or for route optimization: Maximum 1 year
Camera and biometric recordings: From date of recording Geolocation recordings: From date of recording for proof of execution of a services or route optimization
Organic Law 3/2018, of 5 December, on Data Protection and Guarantee of Digital Rights; Art. 20, 3 Royal Legislative Decree 2/2015 of 23rd October, on the Workers Statute
Miscellaneous 1
Temporary employee records: Minimum 5 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Minimum 4 years; Maximum 10 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Law 58/2003 of 17th December, on General Taxation
Pension and retirement records
Minimum 4 years; Maximum 10 years
From termination of pension plan
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Law 58/2003 of 17th December, on General Taxation
Equity records
Minimum 4 years; Maximum 10 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Organic Law 7/2012, of 27th December; Law 58/2003 of 17th December, on General Taxation
Miscellaneous 1
Payroll and Social Security contribution documents/records: Minimum 5 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Minimum 4 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act
Tax records
Minimum 4 years; Maximum 10 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Law 58/2003 of 17th December, on General Taxation
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Minimum 4 years; Maximum 5 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act
Injury and illness incident reports
Minimum 4 years; Maximum 5 years
From employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act; Act 31/1995 of 8th November on Prevention of Occupation Hazards
Medical records
General: Minimum 5 years (including medical exams related to hazardous substances); Medical records of employees exposed to ionizing radiation: until employee reaches 75 years of age, Minimum 30 years
General: From termination of company's activity Ionizing radiation: From last date of activities relating to exposure or from employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act Act 31/1995 of 8th November on Prevention of Occupation Hazards; Royal Decree 783/2001 of 6th July, on sanitary protection over ionizing radiations
Hazardous material and other exposure records
Register of employees who worked in dangerous conditions or in conditions where health is at risk: Minimum 5 years; Register of employees exposed to 3rd or 4th category biological agents: Minimum 10 years, or 40 years, depending on exposure; Register of employees exposed to asbestos dust: Minimum 40 years
Dangerous conditions: From termination of company's activity Exposure to biological agents or asbestos: From last date of exposure or from employee termination
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act Act 31/1995 of 8th November on Prevention of Occupation Hazards; Royal Decree 664/1997 of 12th May, on the protection of workers against risks related to exposure to biologic agents during work; Royal Decree 665/1997 of 12th May, on the protection of workers against risks related to exposure to carcinogens during work
Miscellaneous 1
Floor plans and directions: Minimum 5 years
From end of validity of floor plan
Royal Legislative Decree 5/2000 of 4th August, on labour-related infractions and sanctions; Royal Legislative Decree 8/2015 of 30th October, of General Social Security Act Act 31/1995 of 8th November on Prevention of Occupation Hazards
Miscellaneous 2
Occupational health obligations: Minimum 10 years; Maximum 40 years
From end of exposure
Act 31/1995 of 8th November on Prevention of Occupation Hazards; Royal Decree 664/1997 of 12th May, on the protection of workers against risks related to exposure to biologic agents during work
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.
