Long keep employee files canada

There are some exceptions to this general rule of thumb. Keep in mind that you may have to keep your records for a longer period of time if any of these circumstances apply to your business: The records and supporting documents that might have an effect on the sale, liquidation, or wind-up of the business: Indefinitely keep the records The end of a non-incorporated business or other organization ends: six years for the end of the tax year in which the business ended The dissolution of a corporation: two years after the date of the dissolution Understanding how long to maintain your tax records and payroll records can be tricky for any business.

Compass Accounting has the experience and expertise you need to help keep your business running smoothly. Give us a call today to see how we can help you succeed! In British Columbia, Quebec and the federal sector, the employer must respond to the request within a maximum of 30 days.

In Alberta, the employer has 45 days to respond. These timelines can be extended in certain circumstances, but delay in granting access may result in an award of damages to the employee. Aside from the right to review his or her personnel file, an employee is entitled to request copies of this information. The employer is prohibited from making a profit over the provision of copies.

Fees should therefore be limited to the cost of copying or other disbursements associated with retrieving the information. As a practical matter, most employers would not charge a fee to current employees for this unless the production request is substantial.

There are certain situations in which an employer may deny an employee's request to access parts of his or her file. Such a refusal must be documented in writing, outlining the reasons for the denial and alerting the employee that he or she may ask the privacy commissioner to review the refusal. In most circumstances, the employer would be required to sever the information to which the employee should arguably not have access from the information that the employee should be granted access to.

In other words, just because parts of the employee's file are covered by one of the exceptions to access does not allow the employer to instate a blanket denial of access to the employee's file. Certain categories of information presumptively fall outside of the scope of what an employer is required to disclose to an employee. There are four categories of exception to an employee's statutory right to access their personal information. Organizations are generally not required to provide access to information that is related to legal proceedings or confidential commercial information relating to the organization.

If the disclosure of information could threaten the security of an individual or interfere with law enforcement or national security, then the employer may refuse to grant access to such information. For example, information that could prejudice the employer's security investigation need not be disclosed. Excessive expense and burden. In cases where the personal information requested by the employee is expensive or burdensome to retrieve, the employer may be entitled to deny the access request.

The Ontario Employment Standards Act outlines the following retention periods, among others, for some employment records. If you found this post helpful, check out our recent article on how to prevent identity theft in Canada. Your email address will not be published. Overtime Hours — Records of agreements to work overtime and records of overtime hours worked must be kept for three years following the last day on which overtime was worked under a particular agreement.

Save performance reviews for at least two years. The Employee Records Smart App can help you organize these digitally. I-9 Forms — One to three years. Keep I-9 verification forms for three years after the date of hire or one year after termination whichever is later. Separation paperwork — At least one year. It is recommended that you hold on to any documentation related to termination or separation for at least five years, in case you encounter a wrongful termination case.

Payroll records — At least three years. Save all paperwork related to wages, monetary awards, timesheets and time off requests for at least three years. Some lawyers recommend up to seven years for potential situations regarding unequal pay practices. Keep requests for FMLA leave, as well as related records whether leave was granted or not for at least three years.

Tax records — At least four years. You need to keep employee tax records, including W-2s and W-4 tax withholding forms, for at least four years from the date taxes were due or paid. OSHA records — Five to 30 years.