§ 95 — Employers’ obligation in relation to employee records

95.—(1) An employer must make, and keep for the period prescribed (called in this section the record retention period), employee records containing the prescribed particulars for —(a)

every employee the employer employs; and

(b)

every former employee of the employer.[27/2015]

(2) An employer must ensure that an employee record made and kept under subsection (1) is, during the record retention period prescribed for the employee record, readily accessible to the employee or former employee to which the employee record relates.[27/2015]

(3) An employer is taken to have failed to comply with subsection (1) if the employer makes or keeps an employee record that is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.[27/2015]

(4) Different record retention periods may be prescribed for different classes of employees or former employees, and for different types of employee records.[27/2015]

(5) In this section, “employee record”, for an employee or a former employee of an employer, means a record of information or particulars about the employment by the employer of the employee or former employee, as the case may be.[27/2015]

—(1) An employer must make, and keep for the period prescribed (called in this section the record retention period), employee records containing the prescribed particulars for —(a)

every employee the employer employs; and

(b)

every former employee of the employer.[27/2015]

(2) An employer must ensure that an employee record made and kept under subsection (1) is, during the record retention period prescribed for the employee record, readily accessible to the employee or former employee to which the employee record relates.[27/2015]

(3) An employer is taken to have failed to comply with subsection (1) if the employer makes or keeps an employee record that is incomplete or inaccurate, whether or not the employer knew that the record is incomplete or inaccurate.[27/2015]

(4) Different record retention periods may be prescribed for different classes of employees or former employees, and for different types of employee records.[27/2015]

(5) In this section, “employee record”, for an employee or a former employee of an employer, means a record of information or particulars about the employment by the employer of the employee or former employee, as the case may be.[27/2015]