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Certyneo
Cass. soc. Sept. 21, 2017 · Labor Code L1221-1 · eIDAS AES

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, the case law of the Social Chamber (Cass. soc. September 21, 2017, No. 16-20.103, 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 ruling of the Social Chamber of the French Court of Cassation (Cour de cassation) on September 21, 2017, the promise of employment and the employment contract offer have different legal effects. THE PROMISE OF EMPLOYMENT (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 THE CONTRACT OFFER, by contrast, may be freely withdrawn as long as it has not reached the candidate; if withdrawn afterwards, before the expiry of the set time limit (or of a reasonable period), it prevents the contract from being formed but engages the employer's extra-contractual liability. Both documents specify the position, the remuneration and the start date: what characterises the promise is that the employer grants the candidate a right of option, the candidate's consent being the only element missing for the contract to be formed. 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 an RFC 3161 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.

10-year retention included

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, RFC 3161 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. 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. 2. Send to the candidate

    The candidate receives a secure link by email. Certyneo precisely timestamps the sending (RFC 3161 timestamp) — the date from which any acceptance deadline specified in an offer begins.

  3. 3. Candidate electronic signature

    The candidate signs with advanced signature (AES) + SMS OTP. The RFC 3161 timestamp constitutes the date of acceptance — the date from which the contract is formed (promise) or the offer is accepted.

  4. 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 may be freely withdrawn as long as it has not reached the candidate; if withdrawn afterwards, before the expiry of the set time limit (or of a reasonable period), it prevents the contract from being formed but engages the employer's extra-contractual liability. Offer and promise both specify the position, the remuneration and the start date: the promise stands apart in that it grants the candidate a right of option, the candidate's consent being the only element missing for the contract to be formed.
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. Termination of that contract by the employer is then governed by the rules on dismissal: absent a valid reason, the candidate can seek compensation before the employment tribunal (conseil de prud'hommes).
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 is admissible in court (art. 1367 Civil Code) and its timestamped evidence file makes it possible to prove the acceptance date in case of dispute.
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 for 14 days, then 2/mo), without credit card. Compliant with Labor Code and eIDAS. Audit trail and 10-year archiving included.

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