Is There a Legal Time Limit for Keeping Employee Records in India? Seeking Advice

Dear Seniors,

Good day! I have been working in an automobile firm in Kerala. Recently, one of our previous employees requested an experience certificate for submitting to the PSC. He is asking for documents such as a 10-year-old muster roll, wage register copies, etc. Unfortunately, we do not have documents that are 10 years old. Is there a time limit specified in labor law for retaining these records? Please advise.

Thank you.

Dear Shri,

According to the Income Tax Act, companies need to keep the last 8 years of data in their records for compliance. Additionally, if any legal proceedings are ongoing in a court of law, the organization will have to retain all the required data from those years. Furthermore, the Wages Act specifies that records from the last 3 years must be maintained. Under the Minimum Wages Act of 1948, an inspector can request registers and records for the preceding three years.

Seniors, kindly correct me if I am wrong.

Regards

Time Limit for Preservation of Records Under Labour Law

To the best of my knowledge and understanding, there is no provision in any labour law prescribing a time limit for the preservation of records by an employer. Of course, there are specific provisions in certain labour laws prescribing time limits for the preservation of records, such as counterfoils of licenses issued, orders of exemptions granted, files relating to claims disposed of by the respective authorities appointed under those acts, and their destruction thereafter.

Normally, registers and other records pertaining to a particular year may be preserved by the employer for a period of 7 or 8 years. In the case of documents involved in any dispute, they might be kept intact until their final disposal. The further views of learned members are solicited with citations, if any.