Electronic signature vs. employment contract
The COVID-19 pandemic has forced many companies to switch to remote work. Some of them will undoubtedly return to their current, stationary mode of work in some time. There will also be some that have seen so many advantages of remote work that they will not give it up.
If a company operates mostly remotely, many things must be done online – including signing documents. In the case of internal company documents or most contracts with contractors (B2B), the matter is clear – they can be concluded in document form with a non-qualified electronic signature.
However, tender offers, official letters (and some contracts, about which we will prepare a separate article) must be validated with a qualified electronic signature.
And what is the issue of signing employment contracts?
Table of content:
Employment contract and the written form
According to Article 29 § 2 of the Labor Code, an employment contract should be in writing. This means that the contract should be signed in the handwriting of the Employer and the Employee – possibly with the help of a qualified electronic signature, the use of which is equivalent to a written signature.
The written form of the employment contract has been reserved for evidentiary purposes only, which means that the employment contract can be concluded (or amended) in electronic (documentary) form with an electronic non-qualified signature. Such a contract will be valid and effective. However, it will be necessary for the Employer to confirm it, which can also be done electronically (with a qualified signature).
Legal advisor Jakub Mielcarek
An electronic signature simply pays off!
Employment contract and DocuSign®
DocuSign® supports all types of electronic signatures, i.e. qualified electronic signature and non-qualified electronic signature (in simple and advanced form). Therefore, it allows the effective conclusion of an employment contract also in electronic form.
Therefore, if we want to conclude or amend an employment contract with an Employee, we can use DocuSign® electronic signature. Then the Employer should sign on the electronic document with a qualified signature, while the Employee, for his part, can sign with a non-qualified electronic signature.
Legal advisor Jakub Mielcarek
In such a situation, we will have two different types of signatures on one document – a qualified signature of the Employer and a non-qualified signature of the Employee.
In the DocuSign® system, moreover, you can choose who should sign with what type of signature. DocuSign® supports all types of electronic signatures including qualified signatures permitted by the National Certification Center.
Employee’s non-qualified (advanced) signature and employer’s qualified signature in DocuSign®
How to set up a qualified signature?
In Poland, we currently have 5 certified companies
- Asseco Data Systems S.A.,
- Enigma SOI,
- EuroCert Sp. z o.o.,
- Krajowa Izba Rozliczeniowa S.A,
- Polska Wytwórnia Papierów Wartościowych S.A,
which can issue qualified signatures for a fee. So if you want to use a qualified signature within DocuSign®, you must first produce one with one of the above entities.
A well-chosen electronic signature platform will allow you to create a signature for virtually any document necessary for the operation of your business. If you additionally integrate an electronic signature platform with an electronic document system such as Hatiroo™, you will gain the ability not only to sign documents efficiently, but also to process, review and finalize contracts quickly, efficiently and easily.
