Employee records are documents employers must create and maintain about each employee, kept for at least 7 years.
Legislation: Fair Work Act 2009 Part 3-6; Fair Work Regulations 2009 | Category: Record Keeping
What is Employee Records?
Employee records are the documents and data that employers are legally required to create and maintain about each employee. The Fair Work Regulations prescribe specific records that must be kept for at least 7 years, including details about the employee, employment terms, hours worked, wages paid, and leave taken.
Accurate record-keeping is fundamental to compliance. Where an employer fails to keep required records or provide pay slips, and an employee makes a claim for underpayment, the burden shifts to the employer to disprove the claim.
Key Compliance Points for Employers
- Records must be kept for 7 years and be readily accessible for inspection
- Required records include employment agreements, hours worked each day, overtime, breaks, leave balances and usage, superannuation contributions, and payslips
- Records must be legible, in English, and kept in a form that can be inspected
- Failure to keep records can result in penalties up to $18,780 per contravention for individuals
- The Fair Work Ombudsman can require production of records during investigations
Frequently Asked Questions
What is Employee Records?
Employee records are documents employers must create and maintain about each employee, kept for at least 7 years.
Why is Employee Records important for employers?
Understanding employee records helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
