How long should the employee file be kept?
Paulina Del Castillo
Sora Team
Expediente Laboral Digital
Three questions about the employee file that you need to know
Who should have access to the employee file?
Access to the employee file is restricted to certain individuals within the company, such as human resources personnel, direct supervisors, and senior management. There may also be legal restrictions regarding who can access the information contained in the file.
How long must the employee’s file be kept?
The amount of time that the employee file must be kept can vary depending on the labor laws of each country. In general, it is recommended to retain records for a minimum period of time after the termination of employment, which is usually several years. In Mexico, according to the Federal Labor Law and the Social Security Institute (IMSS) Law, the period of time is 5 years.
Can an employee request to see their labor file?
Yes, in Mexico an employee has the right to request and access the consultation of their labor file. This is supported by Article 134 of the Federal Labor Law, which establishes that workers have the right to request information about the conditions of their labor relationship.
When an employee requests to see their labor file, the employer has the obligation to provide them with access to the information contained in said file. This includes documents such as the employment contract, payment receipts, proof of compliance with tax and social security obligations, among others.
