Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
Contracts (new hire agreements, severance, etc.)
Minimum 7 years after the end of the financial year when the employment ended. If no collective agreement: retain 10 years from date of termination
Creation of contract
Bookkeeping Act (1999: 1078, chapter 7); Prescription (Limitations) Act (1981:130)
Time records (work hours, rest periods, vacation/ sick/holiday, etc.)
Minimum 7 years after end of relevant financial year. If no collective agreement, retain 10 years from due date of the payment to the employee; Information necessary for employer to provide employer's certificate (including employment term, form, rate, salary and reason for termination): no time limit
Creation of record
Holidays Act (1977:480); Bookkeeping Act (1999: 1078, chapter 7); Prescription (Limitations) Act (1981:130); Unemployment insurance Act (1997: 238)
Performance records (reviews, promotions/ demotions, licenses/ certifications, investigations, disciplinary actions, etc.)
Until termination. If terminated by employer: full term of employment plus 4 months, or if disputed in court until closure of case
Start of employment or creation of record
Employment Protection Act (1982:80)
Data and personnel files
Varies, depending on record. Prescription limitation period ends 10 years after end of employment
Start of employment or creation of record
Employment Protection Act (1982:80); Prescription (Limitations) Act (1981:130)
Government verification records (work papers, immigration, eligibility to work, etc.)
Immigration papers/work permits: Minimum until end of employment plus 12 months and maximum 7 years
After end of financial year when employment ended
Bookkeeping Act (1999: 1078, chapter 7); Aliens Ordinance (2006: 97)
Collective bargaining agreements, union consultation minutes
Full term of collective agreement plus the statute of limitation period stated in the collective agreement or other applicable collective agreement; Consultation minutes: 2 years from completion of consultation procedure.
Conclusion of collective agreement. Completion of union consultation procedure.
Employment (Co-Determination in the Workplace) Act (1976:580)
Background checks and drug tests
Until termination. If terminated by employer: full term plus 4 months, or if disputed in court until closure of case
Start of employment or creation of record
Employment Protection Act (1982:80)
Acknowledgements, policy agreements and required notices
Until termination. If terminated by employer: full term plus 4 months, or if disputed in court until closure of case
Start of employment or creation of record
Employment Protection Act (1982:80)
Recruitment (interview notes, resumes/CVs, reference checks, etc.)
Hired employees: Full term of employment. If terminated by employer, full term plus 4 months, or if disputed in court until closure of the court case; Applicants who aren't hired: 2 years from completion of the relevant recruitment process
From creation of record
Employment Protection Act (1982:80); Discrimination Act (2008:567)
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
If legally allowed: only for maximum time period necessary to fulfill the justified legal purpose, provided that this was also communicated to the employees concerned
Creation of recording/tracking
General Data Protection Regulation (EU-regulation 2016/679)
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Minimum 10 years from the date when the benefit is due for payment
From creation of record
Prescription (Limitations) Act (1981:130)
Pension and retirement records
Minimum 10 years from the date when the pension benefit is due for payment
From creation of record
Prescription (Limitations) Act (1981:130)
Equity records
7 years after the end of the financial year to which records relate
From creation of record
Bookkeeping Act (1999: 1078, chapter 7)
PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Minimum 7 years after the end of the financial year to which records relate
From creation of record
Bookkeeping Act (1999: 1078, chapter 7)
Tax records
Minimum 7 years after the end of the financial year to which records relate
From creation of record
Bookkeeping Act (1999: 1078, chapter 7)
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Minimum 10 years
From end of leave
Bookkeeping Act (1999: 1078, chapter 7) Prescription (Limitations) Act (1981:130)
Injury and illness incident reports
Until end of employment and minimum 10 years after incident. If disputed in court, hold until case closure
From creation of record
Work Environment Act (1977:1160); Work Environment Ordinance (1977:1166); Prescription (Limitations) Act (1981:130)
Medical records
Until end of employment and minimum 10 years after medical exam. If disputed in court, hold until case closure
From creation of record
Work Env. Act (1977:1160); Work Env. Ordinance (1977:1166)
Hazardous material and other exposure records
Minimum 40 years
From last date of exposure to hazardous material
Work Env. Act (1977: 1160); Work Env. Ordinance (1977:1166)
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.
