Electronic signature of the employment contract

Can the employment contract be signed electronically?

Can the employment contract be signed electronically?Yes, without ambiguity. The Labor Code does not impose any particular form for the employment contract (except for fixed-term contracts which must be written). The electronic signature isfully valid

for permanent contracts, fixed-term contracts, work-study contracts, apprenticeship contracts, and amendments.

The Court of Cassation and the General Directorate of Labor have reiterated this on several occasions: a contract signed electronically has the same value as a paper contract.

What level of signature to chooseFor an employment contract, theFor an employment contract, the

• advanced signature (AES)
• is strongly recommended:
• strong identification of the employee (email + OTP SMS)

detailed audit trailpresumption of reliability before the industrial tribunalSimple signature (SES) is legally possible but the proof is weaker in the event of litigation. See

the 3 levels ⬥⬥⬥.

1. the 3 levels ⬥⬥⬥.Recommended procedure
2. Prepare the contractin your template (Word/PDF)
3. Attach the mandatory annexes ⬥⬥⬥: internal regulations if more than 50 employees, IT charter, profit-sharing schemeSend in AES
4. with OTP SMS to the employee's personal telephoneTrack the signature
5. Track the signaturein real time

Archive

the signed PDF + audit trail for 5 years after the end of the contract

• Mandatory information
• The electronic employment contract must contain the same information as a paper contract:
• identity of the parties
• function, classification
• function, classification
• remuneration, periodicity
• duration (for CDD) or permanent contract

trial period

place of work, working time

• applicable collective agreement cat teleworking if applicable
• Frequent errors
• SES for a high-stakes contract ⬥⬥⬥: favor AES
• SES for a high-stakes contract ⬥⬥⬥: favor AES
• Send the contract alone

without the obligatory annexes

• Keep only the PDFwithout the audit trail
• Print the signed contract(loss of probative value)
• Do not checkDo not check
• receipt of the contract by the employee before starting activityUse case: Remote permanent contract
• A candidate based in Nantes accepts an offer from a Parisian SME. Course:Tuesday 10 a.m.: oral acceptance by email

Tuesday 11 a.m.: sending of the contract + internal regulations + IT charter in AES

Tuesday 12:30 p.m.: signed contract (OTP SMS), return to PayFit

1. Wednesday 9 a.m.: taking up a remote position
2. Wednesday 9 a.m.: taking up a remote position
3. All days process in less than 24 hours, zero travel, opposable proof provided.
4. Special case: work-study contract

The apprenticeship/work-study contract goes through the CERFA system. The electronic signature is now accepted by OPCOs provided they use an eIDAS compliant service provider.

How Certyneo helps you

Certyneo interfaces with major HRIS (PayFit, Lucca, Workday) and offers pre-configured templates for employment contracts. AES level by default, 10-year archiving, export of the audit trail in the event of litigation.

Discover the Certyneo electronic signature solution

FAQ

FAQ

Can the employee refuse the electronic signature?

Yes in theory, but in practice this is rarely the case. Provide a backup paper path.

How long to keep the contract?

5 years after the end of the contract. The URSSAF and the labor inspectorate may request it.

Does the employee sign from his phone?

Yes, this is the most used channel.

Can work-study minors sign?

Can work-study minors sign?

Yes, with co-signature of the legal representative in the same envelope.

Can the conventional termination be signed electronically?

Yes, since the DGT decree. TéléRC approval then.

Conclusion

Signing employment contracts electronically means reducing onboarding times by 90% while strengthening legal proof. Modern HR no longer has any hesitation.

Try Certyneo to send, sign and track your documents online simply, quickly and securely.