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Raju Boddapu
Dear Friends,

We would like to digitize our employee's personal files.

Request you to guide me on the below points.

1. Is there any legal implication in the future, if we shred the physical employee's personal files.
2. Suggest the best tool for document storing.

Appreciate, if you can suggest on the above two points.

Regards,
Appalaraju

From India, Hyderabad
saswatabanerjee
2392

You are not required to maintain documents beyond the maximum required by law.

Labour Law requires you to keep the records for 3 years (in most cases)
Companies Act requires you to keep records for 8 years if it pertains to financial data.

For employees who are no longer working with you, period of limitation is 3 years for any claims. Therefore, you can not be asked to show any documents beyond that.

So you can chose a particular cut off date keeping the above in mind and destroy the old documents. In this case, since you have digital records, your possible issues are far less. Under Information Technology Act 2000, digital copies have the same value as the original records in most cases

From India, Mumbai
PreetamDeshpande
130

Dear Member

It is suggested that due to various laws (labour, financial and other) applicable to an organistion and the scope of inspection (period in years) by various authorities it is suggested that you maintain the record for at least 8-10 years from the date of last entry.


If there is any legal case going on for an ex-employee do not destroy the file till all legal options have been exhausted.

From India, Mumbai
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