Sign an employment promise or job offer online
Employment promise (firm commitment by employer) or job offer (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 and 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
Employment promise, job offer: what''s the difference?
Since the Court of Cassation''s social chamber ruling of 21 September 2017, the employment promise and job offer have different legal effects. The EMPLOYMENT PROMISE (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 JOB OFFER, conversely, can be revoked as long as the candidate has not accepted it. The distinction rests on the employer''s intent: precise commitment (position, salary, hiring date) + intention to be bound = promise. For the candidate, advanced electronic signature proves without ambiguity the date of acceptance — enforceable in case of unilateral withdrawal by employer after acceptance.
Why sign electronically?
Date of acceptance timestamped to the second
The main legal issue with employment promises is proving the date of candidate acceptance (beyond that, employer withdrawal engages their liability). Certyneo''s advanced signature precisely timestamps acceptance with qualified timestamp — enforceable before the labor court.
Remote signature — 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 on multiple offers.
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Retention for minimum 10 years (limitation period for actions related to employment contract, 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 proof PDF: candidate identity verified by SMS OTP, qualified timestamp, SHA-256 hash, IP. Enforceable in case of dispute over commitment, date of acceptance, or proposed conditions.
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, hiring date, possible duration (fixed-term), trial period, conditions precedent. For an OFFER, 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 precisely timestamps transmission (qualified timestamp) — date from which any acceptance deadline in an offer begins to run.
3. Candidate''s electronic signature
The candidate signs with advanced signature (AES) + SMS OTP. The qualified timestamp constitutes the date of acceptance — date from which the contract is formed (promise) or offer is accepted.
4. Onboarding and archiving
The accepted promise + audit trail are automatically archived for 10 years. Onboarding can start immediately (preparation of final employment contract, URSSAF/DPAE formalities, tools provisioning).
Frequently asked questions
- Can an employment promise be signed electronically?
- Yes, without restriction. No text requires handwritten signature. Article 1366 of the Civil Code recognizes electronic writing with the same evidentiary force as paper writing. Certyneo's advanced signature (AES) meets evidentiary requirements.
- What is the difference between a hiring promise and a contract offer?
- Since Cass. soc. 21 September 2017: a PROMISE is a firm commitment by the employer — if the candidate accepts, the contract is formed and the employer cannot withdraw (withdrawal engages contractual liability). An OFFER is revocable until the candidate accepts. The distinction is based on the employer's intention and the precision of the proposed terms.
- What elements must appear in a hiring promise?
- For it to have the value of a promise (not a revocable offer): precise position (title + functions), precise remuneration (amount or hourly rate), precise hiring date, contract duration (permanent/fixed-term), explicit commitment by the employer to conclude the contract on the stated conditions.
- What happens if the employer withdraws after the candidate accepts?
- If the promise is firm (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 may claim severance pay, unpaid wages, and damages.
- Can the candidate withdraw after accepting?
- Before starting the job, the candidate is not obliged 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 penalize.
- What signature level for a hiring promise?
- Advanced signature (AES) recommended. It provides the presumption of reliability (art. 1367 Civil Code) and satisfies evidentiary requirements in case of dispute over the date of acceptance.
- How long must the promise be kept?
- Minimum 10 years (five-year prescription period + 5 years safety margin). Certyneo automatically archives the promise + audit trail for this duration.
- Is the electronically signed promise enforceable before the labor court?
- Yes — labor court case law recognizes eIDAS-compliant electronic signature. Certyneo's audit trail proves the date of acceptance by the candidate — a central element for qualifying the commitment as a firm promise.
Also read
Sign your first hiring promise online
Permanent free plan (5 envelopes / month), no credit card required. Compliant with Labor Code and eIDAS. Audit trail and 10-year archiving included.