Such a claim, in particular the injury it causes, may not be "discovered" by the employee until years after the fact. As retention periods can vary greatly, we would be pleased to advise on the specific legislative requirements for your documents. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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This brings up two issues: Are employers required to keep a paper file if it is in electronic format? How long do employers need to retain employment files? Are employers required to keep a paper files? For example, provincial employers in Nova Scotia should keep the following legislation in mind: The Nova Scotia Labour Standards Code requires that records be maintained for three years.
Contents and retention of employee records The employer must record and retain the following information for each employee. This must be kept for three years after the employee stopped working for the employer. The hours worked by the employee each day and week. Retention of written agreements to work excess hours or average overtime pay.
An employer must retain copies of every agreement made with an employee to work excess hours or to average overtime pay for three years after the last day on which work was performed under the agreement. Retention of vacation time records. Employers are required to keep records of the vacation time earned since the date of hire but not taken before the start of the vacation entitlement year , the vacation time earned during the vacation entitlement year or stub period , vacation time taken if any during the vacation entitlement year or stub period and the amount of vacation time earned since the date of hire but not taken as of the end of the vacation entitlement year or stub period.
Documents Related to Other Types of Leave — Documents relating to being away from work due to pregnancy, personal emergency, critical illness and other issues unrelated to vacation time, must be kept for three years after the leave expired.
Leave a Reply Cancel reply Your email address will not be published. No Contract to sign. No long term obligation. 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. Assessing whether an employer may deny access on this basis is founded on measuring the relative importance of the information to the employee against the cost and burden associated with its retrieval.
For example, information necessary to the allocation of important benefits to the employee should be retrieved, even if it is relatively expensive or burdensome. Please note that this assessment does not generally go both ways—information that is not evidently important to the employee but that is relatively easy to retrieve should still be disclosed. Personal information of a third party.
Employers should not grant employee access to personal information about a third party unless the third party grants consent to the disclosure or the information about the third party can be severed.
Privacy legislation in British Columbia, Alberta and Quebec and the federal sector generally requires employers to comply with employee requests to access personal information the employer holds about them. In all other Canadian jurisdictions, the employer is generally not required to comply with such a request, unless access is granted through contractual means.
The general right to access personal information is subject to certain exceptions.
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