The relevant act in relation to maintaining HR Records as part of Employment Law is Section 25 of The Organisation of Working Time Act 1997 (the “Act”).
There are both statutory and common law requirements regarding the maintenance of HR records. Section 25 of the Organisation of Working Time Act 1997 (the “Act”) requires employers to keep certain HR/employee records for a period of 3 years from the date of creation to show that the provisions of the Act have been complied with. The format in which such records must be kept is prescribed by the Organisation of Working Time (Records) (Prescribed Form and Exemptions) Regulations 2001 S.I. 473/2001 and includes the retention of information such as names and addresses, PPS numbers, job descriptions, contracts of employment, days/hours worked, annual leave/public holidays taken and notification of rosters, etc.
Documentation relating to work-related illnesses (such as absences due to stress) should be retained for 7 years after termination of employment as such information may be relevant to a personal injury, breach of contract or health and safety claim.
Under tax legislation there is a requirement that various tax records must be retained for certain periods of time (in some instances, six years) from the date of the last transaction to which the records relate. Advice should be sought from an employer’s tax accountants in this regard.
In accordance with The Organisation of Working Time Act, 1997, employers are required to keep records of holidays, public holidays, special leave, rest periods, start and finish times of each employee for each day and sick leave for a period of three years.
Employers should always bear in mind the provisions of the Data Protection Acts 1988 and 2003 (the “DPA”). It is important for employers to be aware of the fact that they should not keep information or data for any longer than is necessary for the purposes it was originally acquired.
This article is for information purposes only; specific legal advice should be taken before relying on information in this article.