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5. Employee records — retention period

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For the purposes of section 95(1) of the Act, the record retention period for an employee record relating to an employee of an employer is —

(a)

for an employee record relating to a matter in item 1, 2 or 3 of the First Schedule, during the period of employment with the employer and, if employment with the employer ends, for one year after the last day of employment with the employer; and

(b)

for each entry made to an employee record relating to a matter described in any other item of the First Schedule, a period of 2 years after the entry is made and, if employment with the employer ends, for one year after the last day of employment with the employer.

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