How long does my employer have to keep my employee records?

In Plain English

Generally, your employer needs to keep employee records for 7 years. This applies to records they make about you while you're employed, like your pay, hours worked, and other details relevant to your employment. If your employment is terminated, the employer must also keep a record stating whether the termination was by consent, notice, summarily, or in some other manner, as well as the name of the person who terminated the employment.

Detailed Explanation

Under the Fair Work Act 2009, specifically section 535(1), employers have a legal obligation to maintain employee records for a minimum of 7 years. This requirement is further detailed in the Fair Work Regulations 2009.

Regulation 3.40 outlines that if an employee's employment is terminated, a record must be kept that sets out: * Whether the employment was terminated by consent, by notice, summarily, or in some other manner (specifying the manner); and * The name of the person who acted to terminate the employment.

These regulations also specify that employers must keep records of individual flexibility arrangements (regulation 3.38), guarantees of annual earnings (regulation 3.39), and records related to transfer of business (regulation 3.41).

Failure to comply with these record-keeping obligations can result in civil penalties, as noted in the Fair Work Act 2009 and the Fair Work Regulations 2009.