Employment law statutes: -
- Impose a legal obligation on employers to keep certain personal data relating to employees. The personal data which must be kept includes employee names, addresses, PPSN’s and employment details together with details of employee working hours /breaks/leave and wage records.
- Set out defined retention periods for which these employment records must be kept by an employer e.g. 3 years from the date of their making. The retention period may vary depending on the specific statute.
These legal obligations are still in force and the requirements to collect these personal data sets for this lawful purpose and retain them for up to 3 years have not been affected by GDPR/Data Protection Legislation.
Workplace Relations Commission (WRC) Inspectors carry out employment rights compliance inspections and associated enquiries.
In general WRC Inspectors have the following powers:
- To enter, at a reasonable time, any place of work where employees are employed, or employment records are kept.
- To inspect employment records and take copies of the records.
- To remove and retain the records for such period considered necessary for the purposes of his or her functions.
- To require persons at the premises or workplace, including the owner or person in charge, to give such information as the Inspector may reasonably require.
- To require persons at the premises or workplace, including the owner or person in charge, to produce such records as the Inspector may reasonably require.
- To require an employer or employee to answer such questions as the Inspector may ask relative to any matter under an employment enactment.
These statutory powers of inspection are still in force and have not been affected by GDPR/Data Protection Legislation
Failure to provide employment records sought by a WRC Inspector under his or her powers is a criminal offence.
For further details or to make enquiries about the matters set out here, please contact either the relevant WRC Inspector or our Data Protection Liaison Officer at: personaldatarequest@workplacerelations.ie.