Electronic signature for HR: employment contracts and documents
In France, the Labour Code leaves the parties free to choose the form of the employment contract (Article L1221-1), and Articles 1366 and 1367 of the Civil Code give electronically signed writing the same probative force as paper. This guide explains how to use it correctly for employment contracts, amendments, end-of-contract documents and other HR documents.
Legal framework: electronic signatures in employment law
Article L1221-1 of the French Labour Code subjects the employment contract to general contract law and lets the parties choose its form: combined with Articles 1366 and 1367 of the Civil Code, it allows the contract to be concluded by electronic signature. The required signature level depends on the contract type: SES or AES for the majority of permanent and fixed-term contracts, with reinforced evidential value (AES) recommended for powers of representation. The rupture conventionnelle form (TéléRC), however, is signed by hand.
- Permanent / fixed-term: AES signature recommended (OTP SMS/email)
- Amendment: same level as the initial contract
- Rupture conventionnelle: TéléRC form signed by hand
- Temporary work contract: check the applicable collective agreements
Which HR documents can be signed electronically?
What does a typical HR workflow with electronic signatures look like?
- 1
Create your contract template
Import your Word or PDF template. Define the fields to fill in (name, position, salary) and the signature zones.
- 2
Enter the candidate's information
Name, email and phone number of the future employee. Certyneo automatically sends the authentication OTP.
- 3
Send the contract
The employee receives an email with a secure link. They review and sign from any device.
- 4
Archive automatically
The signed PDF with its audit trail is archived for 10 years. Exportable at any time from your dashboard.
Frequently asked questions — Electronic signature and HR
- Is an electronically signed employment contract valid?
- Yes. Article L.1221-1 of the French Labour Code expressly allows employment contracts to be concluded electronically. Advanced electronic signature (AES) via OTP is recommended for its evidential value.
- What eIDAS signature level for a permanent employment contract?
- The law does not specify a minimum level, but practitioners and legal experts recommend AES (Advanced eIDAS Signature) with SMS OTP for employment contracts. Certyneo includes AES from the Personal plan (9 €/month).
- Does the employee need to create an account to sign?
- No. The employee receives an email link, reviews the contract and signs in a few clicks, without creating an account. Authentication is done via an OTP sent to their email or phone.
- How are signed contracts archived?
- Certyneo automatically archives every signed contract for 10 years with its time-stamped audit trail. PDFs can be downloaded at any time from your dashboard, individually or in bulk.