What Myanmar requires: HR records retention
The standard retention is at least 7 years post-exit for HR records under ESDL 2013 and aligned tax / payroll statutes. OSH records require 5 years under OSH Law 2019. Both physical and digital records are acceptable.
Filing | Deadline | Form | Authority
| Record type | Retention duration | Source |
|---|---|---|
| Employment Agreements | 7 years post-exit | ESDL 2013 |
| Personnel files (CV, interviews, performance) | 7 years post-exit | ESDL 2013 |
| Leave register | 7 years | Leave & Holidays Act |
| Disciplinary / grievance records | 7 years post-exit | ESDL 2013 |
| Final settlement statements + relieving / experience letters | 7 years post-exit | ESDL 2013 / Payment of Wages Law |
| Performance reviews + appraisal logs | 7 years post-exit | ESDL 2013 / dispute defence |
| Foreign-worker permit / visa records | 7 years post-exit | MoLES + Immigration |
| OSH training logs + PPE issuance | 5 years | OSH Law 2019 |
| Accident register + investigation files | 5 years | OSH Law 2019 |
Process — how to retain HR records
- Open a personnel file at hire; close it at exit with date-stamped final-settlement and relieving/experience letters.
- Centralise — one file (physical or digital) per employee, indexed.
- Run an annual retention review; purge only after the period elapses.
- Document destruction (date, method, authoriser).
- Keep digital backups off-site for resilience.
Physical vs digital — best practice
Digital records are acceptable on inspection if accessible and legible. Originals of signed contracts, dispute settlement agreements, and IRD-stamped acknowledgements are best kept physically. Cloud storage is permissible — see overseas cloud servers for cross-border considerations.
Employer takeaway
Retain HR records — Employment Agreements, personnel files, leave register, disciplinary records, final settlements — for at least 7 years post-exit under ESDL 2013. OSH records (training, accident) require 5 years under OSH Law 2019. Document destruction. Inability to produce on a labour-claim hearing or audit is treated as adverse inference. Keep both physical originals (for signed contracts) and digital backups.
Penalties for non-compliance
- Inability to produce on inspection — fine + remediation under ESDL 2013.
- Premature destruction — adverse inference in any subsequent labour claim.
- OSH records loss — fine under OSH Law 2019 + repeat-offender escalation.
Common HR records mistakes
- Discarding personnel files at exit — keep 7 years post-exit.
- Not opening a personnel file for short-term staff — ESDL still requires.
- Foreign-worker permit / visa records left with Operations only.
- OSH training log treated as Operations-only — should be in HR file too.
- See payroll records retention and HR audit requirements.
We publish practical, legally-grounded HR guidance for Myanmar employers. Each piece is reviewed by our compliance team against current MLIP and Labor Law requirements.