The proper management of personnel records plays a key role in human resources. Business owners must comply with numerous legal requirements and ensure that sensitive employee data is protected, stored for the required time, or deleted accordingly. In this blog post, you will learn about the retention periods for personnel records, how to implement them efficiently, and the legal risks associated with non-compliance.
Table of Contents:
- Why are retention periods for personnel files important?
- Legal basis for the retention obligation
- Overview of retention periods for personnel records
- Digital vs. physical personnel files: What needs to be considered?
- How to efficiently implement retention periods
- Challenges and solutions in complying with retention periods
- Conclusion:
- FAQs
Why are retention periods for personnel files important?
Switzerland has clear regulations on retaining personnel records to protect employees' rights and ensure that companies are safeguarded during legal disputes or government audits. These retention periods help prevent conflicts related to payroll, employment certificates, or social claims. For companies, it is crucial to understand these periods and store the documents securely and in accordance with the law.
Legal basis for the retention obligation
The legal basis for the retention of personnel records in Switzerland can be found in the Swiss Code of Obligations (OR), the Ordinance on Occupational Retirement, Survivors', and Disability Pension Plans (BVV2), and the Federal Act on Occupational Retirement, Survivors', and Disability Pension Plans (BVG). These laws define which documents must be kept and for how long, such as payroll records or employment contracts. It is essential to follow country-specific regulations to minimize legal risks.
Source:
https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de
Overview of retention periods for personnel records
The retention periods for personnel records in Switzerland vary depending on the type of document. Generally, employment contracts and payroll statements should be kept for at least ten years, as this aligns with the legal requirement. However, specific documents, such as sick leave notifications, may have shorter retention periods. A clear overview of the most important documents and their respective retention periods helps companies meet legal requirements.
Digital vs. physical personnel files: What needs to be considered?
In Switzerland, both physical and digital personnel files are permitted. However, companies must ensure that digital files comply with legal requirements, especially concerning data protection. Digital documents should be encrypted and protected against unauthorized access. Additionally, it must be ensured that these documents remain accessible and readable throughout the entire retention period. Strict security requirements also apply to physical files.
How to efficiently implement retention periods
To practically implement retention periods for personnel records, it is recommended to use modern document management systems. These systems help monitor deadlines automatically and provide timely reminders for the deletion or archiving of documents. Büro 365 offers Swiss companies tailored solutions to streamline these processes and comply with strict data protection regulations. By implementing solid systems from Büro 365, both the adherence to retention periods and the protection of sensitive data are ensured.
Challenges and solutions in complying with retention periods
The biggest challenges in complying with retention periods often lie in the complexity of regulations and the management of large volumes of documents. Smaller companies, in particular, may struggle to keep track. A possible solution is to hire external consultants or use specialized HR software to ensure compliance with deadlines while maintaining data protection standards in Switzerland.
Tip:
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Conclusion:
Compliance with retention periods for personnel documents is a crucial aspect of legally sound business management in Switzerland. With a clear understanding of legal requirements and the right technical support, companies can ensure that all relevant documents are properly archived and deleted in a timely manner. Modern software solutions help maintain oversight and minimize legal risks.
FAQs:
How long should application letters and resumes be retained if a candidate is not hired?
In Switzerland, application documents of rejected candidates should generally be retained for a maximum of 6 months. This is based on the General Equal Treatment Act (AGG) and the provisions of the Data Protection Act (DSG). After the application process concludes, companies are obligated to delete personal data unless the applicant has given explicit consent for longer storage. Retaining the documents for a longer period is only allowed if there are legal reasons, such as in the case of a discrimination lawsuit.
Which documents must be retained after the termination of employment?
After the end of an employment relationship, certain documents must continue to be retained. These include employment contracts, payroll records, job references, and social security documents. These documents may need to be kept for up to 10 years, especially if they are required for future tax audits. Job references and sick leave or accident pay documentation should also be kept, as they could be important in potential legal disputes.
What penalties do companies in Switzerland face for non-compliance with retention periods?
Failure to comply with retention periods can have serious legal consequences for companies in Switzerland. Fines or legal penalties may be imposed if companies cannot present important documents, especially during tax audits or labor disputes. Additionally, companies may face penalties under the new Data Protection Act (nDSG) for data protection violations, such as unlawfully retaining or losing personal data. Compliance with retention obligations is essential not only for risk reduction but also to avoid penalties.
Can personnel documents be stored in the cloud?
Yes, personnel documents can be stored in the cloud, but strict data protection requirements in Switzerland must be observed. Companies must ensure that the cloud provider adheres to high-security standards and stores data in encrypted form to prevent unauthorized access. The server location should also be considered: if the data is stored outside of Switzerland, special regulations for cross-border data transfers must be followed. Contracts with cloud service providers should ensure compliance with the GDPR and Swiss Data Protection Law.
How can you ensure that data is properly deleted after the retention period expires?
To ensure that personnel documents are properly deleted after the retention periods, it is recommended to use a document management system (DMS) or HR software that offers automatic deletion functions. These systems can be configured to remind companies of the end of the retention period and initiate the deletion process. Manual deletion plans can also be helpful, but they must be carefully monitored. It is essential that the deletion is both secure and irreversible to meet data protection requirements. Physical documents should be shredded using special shredders, while digital data should be securely deleted or overwritten.
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