Hi, I want to know how long a private company needs to retain employee records as per Indian Labour Laws. Is there a specific mention of this in any act? Thanks, Priyanka
From India, Pune
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1From India, Pune
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There is no such direction for private companies. But as far as possible, keep records of employees like, wages register, muster rolls, registers as per ESI and EPF etc of at least five years for any verification by the concerned authorities. And if possible, do not scrap any register or returns relating to employees. Regards, Madhu.T.K
From India, Kannur
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From India, Kannur
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Dear Priyanka, Under Minimum Wages Act,1948 an inspector can demand registers & records for a period of last three years while this period is twelve months in case of Payment of wages Act,1936.You may see other Acts accordingly which are applicable to your Unit. Regards R.N.Khola Sr Associate
From India, Delhi
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From India, Delhi
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(Fact Check Failed/Partial)-The user's reply is partially correct. The period for retaining employee records under the Minimum Wages Act, 1948 is indeed three years. However, under the Payment of Wages Act, 1936, the correct period for retaining records is three years, not twelve months as mentioned. Please ensure compliance with the correct timeframes. Thank you for your contribution.
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Personnel Records Retention
The following retention periods are recommended for specific personnel documents:
Applications/Resumes (employed): 6 years after last action
Applications/Resumes (not hired): 6 years after selection process completion
Status/Change of Status Forms: 6 years after updated
Job Descriptions: 6 years after updated
Employee Performance Appraisals/Evaluations: 6 years after termination
Retirement Correspondence: 6 years after last action
Insurance Enrollment Notices: 6 years after last action
Position Information Questionnaires & Reclassification Requests: 6 years after updated
Leave Reports: 6 years
Request for Leave Records: 6 years
Time Cards: 6 years
Payroll Records: 5 years
Job Announcements: 6 years after selection process completion
Medical Records Related to or Required by Employer: 6 years after last action
I-9 Employment Eligibility Verification: 3 years after hire or 1 year after termination, whichever is later
Lawsuits or Actions for Recovery of Overtime, Damages, Fees, or Penalties: 2 years after the accrual of such claim for relief
Recommendations
If there is any legal action regarding an employee or former employee initiated by anyone, all records regarding the employee or former employee should be retained until the completion of the legal action or the end of the retention period, whichever is later.
Use of personnel records may extend the retention period for those records. To allow for the possibility of a defamation case regarding any personnel files, the retention periods for those records should be changed to six years after the last action. This retention period would prevent the agency from disposing of the records until six years after the last action; i.e. reference for an ex-employee; ex-employee requesting information from his/her file; termination of employment.
Always check with legal counsel before destroying documents regarding employees who have been involved in legal action.
From India, Mumbai
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The following retention periods are recommended for specific personnel documents:
Applications/Resumes (employed): 6 years after last action
Applications/Resumes (not hired): 6 years after selection process completion
Status/Change of Status Forms: 6 years after updated
Job Descriptions: 6 years after updated
Employee Performance Appraisals/Evaluations: 6 years after termination
Retirement Correspondence: 6 years after last action
Insurance Enrollment Notices: 6 years after last action
Position Information Questionnaires & Reclassification Requests: 6 years after updated
Leave Reports: 6 years
Request for Leave Records: 6 years
Time Cards: 6 years
Payroll Records: 5 years
Job Announcements: 6 years after selection process completion
Medical Records Related to or Required by Employer: 6 years after last action
I-9 Employment Eligibility Verification: 3 years after hire or 1 year after termination, whichever is later
Lawsuits or Actions for Recovery of Overtime, Damages, Fees, or Penalties: 2 years after the accrual of such claim for relief
Recommendations
If there is any legal action regarding an employee or former employee initiated by anyone, all records regarding the employee or former employee should be retained until the completion of the legal action or the end of the retention period, whichever is later.
Use of personnel records may extend the retention period for those records. To allow for the possibility of a defamation case regarding any personnel files, the retention periods for those records should be changed to six years after the last action. This retention period would prevent the agency from disposing of the records until six years after the last action; i.e. reference for an ex-employee; ex-employee requesting information from his/her file; termination of employment.
Always check with legal counsel before destroying documents regarding employees who have been involved in legal action.
From India, Mumbai
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(Fact Check Failed/Partial)-The user's reply contains general recommendations on retention periods for personnel records but lacks specific information on the retention of employee records as per Indian Labour Laws. According to the Indian Factories Act, 1948, Section 62, employee records such as service registers, leave records, wage and attendance registers, etc., must be retained for a minimum of 3 years. It is essential to ensure compliance with this specific legal requirement.
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Dear Reg,
How long should the old employee files/records be kept? Is there a clear law regarding how long a company should keep employee records such as resumes, offer letters, and appointment letters, apart from salary, PF, ESI, and other statutory files? Since there are many versions available, is there any clarity on this?
Comments appreciated.
From India, Chennai
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How long should the old employee files/records be kept? Is there a clear law regarding how long a company should keep employee records such as resumes, offer letters, and appointment letters, apart from salary, PF, ESI, and other statutory files? Since there are many versions available, is there any clarity on this?
Comments appreciated.
From India, Chennai
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(Fact Check Failed/Partial)-The user's reply is incorrect. According to the Indian Labour Laws, private companies must retain employee records for a period of 5 years from the date of termination. It is mandated under the Industrial Employment (Standing Orders) Act, 1946.
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Here you go!
Employment records include, but are not limited to job announcements and advertisements; employment applications, background investigations, resumes, and letters of recommendation of persons not hired, etc. Unless otherwise specified in the DRS, such records should be retained for a minimum of one (1) year.
Employee records include but are not limited to employment applications, background investigations, resumes, and letters of recommendation of current and past employees, records relating to current and past employees' performance reviews and complaints, etc. Unless otherwise specified in the DRS, such records should be retained for a minimum of three (3) years following unemployment with the Organization.
Payroll records include, but are not limited to wage rate tables; salary history; current rate of pay; payroll deductions; time cards; W-2 and W-4 forms; bonuses, etc.
From India, Chennai
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Employment records include, but are not limited to job announcements and advertisements; employment applications, background investigations, resumes, and letters of recommendation of persons not hired, etc. Unless otherwise specified in the DRS, such records should be retained for a minimum of one (1) year.
Employee records include but are not limited to employment applications, background investigations, resumes, and letters of recommendation of current and past employees, records relating to current and past employees' performance reviews and complaints, etc. Unless otherwise specified in the DRS, such records should be retained for a minimum of three (3) years following unemployment with the Organization.
Payroll records include, but are not limited to wage rate tables; salary history; current rate of pay; payroll deductions; time cards; W-2 and W-4 forms; bonuses, etc.
From India, Chennai
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(Fact Check Failed/Partial)-[response] This reply contains inaccuracies. As per the Indian Labour Laws, employment records should be retained for up to 5 years from the date of termination for employees. Payroll records should be kept for a minimum of 7 years.
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(Fact Check Failed/Partial)-The reply is partially correct. According to the Indian Labour Laws, private companies should retain employee records for at least 5 years as per various acts including the Factories Act, EPF & MP Act, and ESI Act. Keeping records like wages register, muster rolls, and ESI/EPF registers for this period is essential for compliance.