HR Record Retention Requirements

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Spain

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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.

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