Sign a job offer or employment contract promise online
Job offer (firm commitment by the employer) or employment contract promise (revocable proposal), signed electronically with the same legal value as a paper document. Compliant with Article L1221-1 of the Labor Code, with consistent case law (Cass. soc. 21 September 2017 distinguishing promise from offer), advanced signature recommended, 10-year archiving included.
- Legal framework
- L1221-1 Labor Code · Cass. soc. 2017
- Signature level
- AES eIDAS recommended
- Legal archiving
- 10 years included
Job offer, contract promise: what''s the difference?
Since the Court of Cassation''s Social Chamber ruling of 21 September 2017, the job offer and employment contract promise have different legal effects. A JOB OFFER (or unilateral employment contract promise) is a firm commitment by the employer: if the candidate accepts it, the employment contract is formed and the employer cannot withdraw. A CONTRACT PROMISE, on the other hand, can be revoked as long as the candidate has not accepted it. The distinction rests on the employer''s intent: precise terms (position, salary, hiring date) + intent to be bound = job offer. For the candidate, advanced electronic signature proves the acceptance date unambiguously — enforceable if the employer unilaterally withdraws after acceptance.
Why sign electronically?
Acceptance date timestamped to the second
The main legal issue of a job offer is proving the candidate''s acceptance date (beyond that, employer withdrawal engages liability). Certyneo''s advanced signature timestamps acceptance precisely with qualified timestamp — enforceable before labor courts.
Remote signature — accelerated recruitment
The candidate receives the job offer by email and signs from their phone in 2 minutes. No need to wait for postal delivery of a signed document — saving several days in recruitment processes, especially for profiles in competition for multiple offers.
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Minimum 10-year retention (limitation period for employment contract claims, Art. L1471-1 Labor Code). Certyneo automatically archives the job offer + its eIDAS audit trail for this duration.
Enforceable audit trail
Each job offer or promise comes with a proof PDF: candidate''s identity verified by SMS OTP, qualified timestamp, SHA-256 hash, IP. Enforceable in case of dispute over the commitment, acceptance date, or proposed conditions.
4-step procedure
From preparation to legal archiving, in less than 5 minutes.
1. Prepare the job offer or promise
Upload your template. For a JOB OFFER, specify: position, remuneration, hiring date, duration if applicable (fixed-term), probation period, conditional provisions. For a PROMISE, add an acceptance deadline and explicit mention "subject to acceptance by X".
2. Send to candidate
The candidate receives a secure link by email. Certyneo timestamps the dispatch precisely (qualified timestamp) — date from which any acceptance deadline in a promise begins.
3. Candidate''s electronic signature
The candidate signs with advanced signature (AES) + SMS OTP. The qualified timestamp constitutes the acceptance date — date from which the contract is formed (job offer) or the promise is accepted.
4. Onboarding and archiving
The accepted job offer + audit trail are automatically archived for 10 years. Onboarding can start immediately (preparation of the final employment contract, URSSAF/DPAE formalities, tool provisioning).
Frequently asked questions
- Can a job offer be signed electronically?
- Yes, without restriction. No provision requires handwritten signature. Article 1366 of the Civil Code recognizes electronic writing with the same probative force as paper writing. Certyneo''s advanced signature (AES) meets evidentiary requirements.
- What''s the difference between a job offer and contract promise?
- Since Cass. soc. 21 September 2017: a JOB OFFER is a firm employer commitment — if the candidate accepts, the contract is formed and the employer cannot withdraw (withdrawal engages contractual liability). A PROMISE is revocable until the candidate accepts. The distinction is based on employer intent and precision of proposed terms.
- What elements must appear in a job offer?
- For it to have job offer value (not revocable promise): precise position (title + duties), precise remuneration (amount or hourly rate), precise hiring date, contract duration (permanent/fixed-term), explicit employer commitment to conclude the contract on the stated terms.
- What happens if the employer withdraws after the candidate''s acceptance?
- If the job offer is firm (under Cass. soc. 2017) and accepted by the candidate, the contract is formed. Employer withdrawal is analyzed as dismissal without just cause: the candidate may claim termination pay, unpaid wages, and damages.
- Can the candidate withdraw after acceptance?
- Before starting work, the candidate is not obligated to take the position. But they are exposed to damages if their withdrawal causes loss to the employer (urgent recruitment, rejection of another candidate). In practice, withdrawal is rare and difficult to sanction.
- What signature level for a job offer?
- Advanced signature (AES) recommended. It provides presumption of reliability (Art. 1367 Civil Code) and meets evidentiary requirements in case of dispute over acceptance date.
- How long must the job offer be kept?
- Minimum 10 years (five-year limitation + 5-year safety margin). Certyneo automatically archives the job offer + audit trail for this duration.
- Is an electronically signed job offer enforceable before labor courts?
- Yes — labor court case law recognizes eIDAS-compliant electronic signature. Certyneo''s audit trail proves the candidate''s acceptance date — central element to qualify the commitment as a firm job offer.
Also read
Sign your first job offer online
Permanent free plan (5 envelopes / month), no credit card. Compliant with Labor Code and eIDAS. Audit trail and 10-year archiving included.