Sign a job offer or employment contract offer online
Job offer (firm commitment by the employer) or employment contract offer (revocable proposal), signed electronically with the same legal value as a paper document. Compliant with article L1221-1 of the Labor Code, established case law (Cass. soc. September 21, 2017 distinguishing offers from promises), advanced signature recommended, 10-year archiving included.
- Legal framework
- Labor Code L1221-1 · Cass. soc. 2017
- Signature level
- AES eIDAS recommended
- Legal archiving
- 10 years included
Job offer or employment contract offer: what''s the difference?
Since the decision of the Civil Division of the Court of Cassation on September 21, 2017, the job offer and employment contract offer have different legal effects. THE JOB OFFER (or unilateral promise of employment contract) is a firm commitment by the employer: if the candidate accepts it, the employment contract is formed and the employer can no longer withdraw. THE CONTRACT OFFER, in contrast, can be revoked as long as the candidate has not accepted it. The distinction rests on the employer''s intent: the precise commitment (position, salary, hire date) + the will to be bound = job offer. For the candidate, advanced electronic signature unambiguously proves the acceptance date — enforceable in case of unilateral withdrawal by the employer after acceptance.
Why sign electronically?
Acceptance date timestamped to the second
The main legal issue with a job offer is proving the acceptance date by the candidate (beyond that, the employer''s withdrawal engages its liability). Certyneo''s advanced signature precisely timestamps acceptance with a qualified timestamp — enforceable before labor courts.
Remote signing — accelerated recruitment
The candidate receives the promise by email and signs from their phone in 2 minutes. No need to wait for postal delivery of a signed document — saves several days in recruitment processes, especially for candidates competing for multiple offers.
A
Retention for a minimum of 10 years (statute of limitations for actions related to employment contracts, art. L1471-1 Labor Code). Certyneo automatically archives the promise + its eIDAS audit trail for this duration.
Enforceable audit trail
Each promise or offer is delivered with a PDF proof: candidate identity verified by SMS OTP, qualified timestamp, SHA-256 hash, IP address. Enforceable in case of dispute over the commitment, the date of acceptance, or the proposed terms.
4-step procedure
From preparation to legal archiving, in less than 5 minutes.
1. Prepare the promise or offer
Upload your template. For a PROMISE, specify: position, compensation, hire date, possible duration (fixed-term contract), trial period, suspensive conditions. For an OFFER, add an acceptance deadline and the explicit mention "subject to acceptance by X".
2. Send to the candidate
The candidate receives a secure link by email. Certyneo precisely timestamps the sending (qualified timestamp) — the date from which any acceptance deadline specified in an offer begins.
3. Candidate electronic signature
The candidate signs with advanced signature (AES) + SMS OTP. The qualified timestamp constitutes the date of acceptance — the date from which the contract is formed (promise) or the offer is accepted.
4. Onboarding and archiving
The accepted promise + audit trail are automatically archived for 10 years. Onboarding can start immediately (preparation of the final employment contract, URSSAF/DPAE formalities, provision of tools).
Frequently asked questions
- Can an employment promise be signed electronically?
- Yes, without restriction. No law requires a handwritten signature. Article 1366 of the Civil Code recognizes electronic writing as having the same evidentiary force as paper writing. Certyneo''s advanced signature (AES) meets evidentiary requirements.
- What is the difference between an employment promise and a contract offer?
- Since Cass. soc. 21 September 2017: a PROMISE is a binding commitment by the employer — if the candidate accepts, the contract is formed and the employer cannot withdraw (withdrawal engages the employer''s contractual liability). An OFFER is revocable as long as the candidate has not accepted. The distinction is made on the employer''s intent and the precision of the proposed terms.
- What elements must be included in an employment promise?
- For it to have the value of a promise (and not a revocable offer): specific position (title + duties), specific compensation (amount or hourly rate), specific hire date, contract duration (permanent/fixed-term), explicit commitment by the employer to conclude the contract under the stated conditions.
- What happens if the employer withdraws after acceptance by the candidate?
- If the promise is binding (within the meaning of Cass. soc. 2017) and accepted by the candidate, the contract is formed. The employer''s withdrawal is analyzed as a dismissal without just cause: the candidate can claim severance pay, unpaid wages, and damages.
- Can the candidate withdraw after acceptance?
- Before taking the position, the candidate is not obligated to take their position. But they risk damages if their withdrawal causes harm to the employer (urgent hiring, rejection of another candidate). In practice, withdrawal is rare and difficult to enforce.
- What signature level for an employment promise?
- Advanced signature (AES) recommended. It provides a presumption of reliability (art. 1367 Civil Code) and satisfies evidentiary requirements in case of dispute over the acceptance date.
- How long must the promise be retained?
- 10 years minimum (five-year statute of limitations + 5 years of safety). Certyneo automatically archives the promise + audit trail for this duration.
- Is the electronically signed promise enforceable before labor courts?
- Yes — labor court case law recognizes eIDAS-compliant electronic signatures. Certyneo''s audit trail proves the date of acceptance by the candidate — the central element for qualifying the commitment as a binding promise.
Also read
Sign your first employment promise online
Permanent free plan (5 envelopes / month), without credit card. Compliant with Labor Code and eIDAS. Audit trail and 10-year archiving included.