Retention periods for HR documents: we tell you everything!

Published on
January 18, 2024
Retention periods for HR documents: we tell you everything!

Are you a business owner or hr manager looking to stay fully compliant? Maintaining the proper retention periods for hr documents is essential. With personal data, pay slips, medical records, and various tax payments to manage, it can be challenging to keep track. In this article, you’ll learn the retention duration for each type of document related to your employees—and discover the benefits of using digital personnel document management software!

What are hr documents?

Within a company, the documentation produced is extensive. Each department has its own obligations and must store its documents according to current legislation. In hr, numerous papers must be filed and archived, including:

  • interview records
  • timesheets
  • pay slips
  • employment contracts
  • letters related to hiring, resignation, dismissal, or mutual termination
  • documents regarding social charges and payroll taxes
  • membership forms for supplementary health insurance
  • documents issued by labor inspectors
  • the unified personnel register
  • etc.

All these documents, though not exhaustive, are managed by the hr department. They must be filed for each employee, be easily retrievable when needed, and kept for the duration prescribed by law.

How long should each document be kept?

Each document has a specific retention period. The durations indicated by the applicable legal articles are minimum timeframes. You can always choose to keep documents longer if necessary. It is also essential to permanently retain documents that chronicle an employee’s career, so they can be provided when the employee retires or for related simulations.

Summary table of retention periods

Document type and minimum retention period

  • Unified personnel register : 5 years after the employee’s departure
  • Employment contracts : 5 years after the employee’s departure
  • Documents related to salaries, bonuses, allowances, and final settlements : 5 years after the employee’s departure
  • Pay slips : 5 years
  • Documents confirming payroll tax payments : 3 years
  • Documents regarding social charges : 3 years
  • Records of worked hours, on-call hours, and their compensation : 1 year
  • Health insurance enrollment forms : 5 years
  • Observations and warnings from labor inspectors : 5 years
  • Reviews and audits by the works council (cse) : 5 years
  • Work accident declarations to the cpam : 5 years after the accident date
  • Documents related to disciplinary sanctions (warning letters, reprimands, decision notifications, etc.) : 3 years
  • Records of days worked for employees under a fixed-schedule agreement : 3 years

Personal data and information

All private data of an employee is kept for the duration of their employment. This includes their resume, diplomas, training certificates, and all personal information. The retention of these elements is subject to gdpr regulations. Employees have the right to access and modify their data, and all information must be securely stored.

In what format should company documents be kept?

Storing and archiving hr documents is necessary for all companies, yet it is a laborious and time-consuming task. Ensuring compliance with retention periods requires constant vigilance, and physical document storage can be a significant logistical challenge. To simplify the work of hr managers and ensure regulatory compliance, using an electronic document management system is an excellent solution. Such software securely stores all personnel-related documents, timestamps them, and manages each document’s retention period. When the law changes, the tool is updated accordingly—so you never have to worry about retention deadlines again. This not only saves space and time but also increases productivity and minimizes errors.

Why is effective hr document management important?

In hr departments, the numerous documents produced or received serve purposes beyond the immediate moment. They can serve as evidence in the event of disputes with an employee. Having all employment-related documents readily available ensures you remain compliant and can defend your position during conflicts. These documents can also prove that your company has met its administrative obligations, particularly in fiscal matters. Beyond the operational benefits, effective document management is a legal necessity.

What laws govern hr document retention?

Different laws apply to the retention of hr documents. Notably, the labor code regulates the creation of the unified personnel register, which contains essential information about each employee (identity, position, contract, etc.) and is mandatory for all companies. The labor code also establishes the retention periods for documents such as pay slips and work hour records, including guidelines for accident-related documents and those produced by labor inspectors.

For employment contracts, documents related to the termination of employment (resignation, dismissal, etc.) and records of employee profit-sharing fall under the civil code. In addition, the social security code governs documents concerning social charges, while the fiscal procedures book covers payroll taxes. As you can see, many laws dictate these retention periods, making it challenging to keep track of them all.

What are the consequences of non-compliance?

In most cases, poor management of hr documents does not result in sanctions. Only the failure to present the unified personnel register—or errors within it—can result in fines of up to 750 euros per affected employee. For all other hr documents in an employee’s file, failing to adhere to retention periods does not specifically trigger penalties. However, it can lead to serious issues for your company—sometimes even more detrimental than a fine. In the event of a dispute or conflict, the lack of supporting documents can severely undermine your ability to defend your position.