Sign an employment promise or job offer online
Employment promise (firm commitment by the 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 from offer), 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
Employment promise vs. job offer: what''s the difference?
Since the ruling by the social chamber of the Court of Cassation on 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, on the other hand, can be revoked as long as the candidate has not accepted it. The distinction is based on the employer''s intent: precise terms (position, salary, start date) + willingness to be bound = promise. 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?
Timestamped acceptance date to the second
The main legal issue with an employment promise is proving the date of acceptance by the candidate (beyond that, the employer''s withdrawal triggers liability). Certyneo''s advanced signature precisely timestamps the acceptance with a qualified timestamp — enforceable before employment courts.
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 — saving several days on recruitment processes, especially for candidates competing for multiple offers.
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Storage for a minimum of 10 years (statute of limitations for claims related to the 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''s identity verified by SMS OTP, qualified timestamp, SHA-256 hash, IP. Enforceable in case of dispute over the commitment, acceptance date, or 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, salary, start date, possible duration (fixed-term contract), trial period, conditions precedent. For an OFFER, add an acceptance deadline and the explicit mention "subject to acceptance by X".
2. Send to candidate
The candidate receives a secure link by email. Certyneo precisely timestamps the sending (qualified timestamp) — date from which any acceptance deadline specified in an offer begins to run.
3. Candidate electronic signature
The candidate signs with advanced signature (AES) + SMS OTP. The qualified timestamp constitutes the acceptance date — 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, tool provisioning).
Frequently asked questions
- Can an employment promise be signed electronically?
- Yes, without restriction. No law requires handwritten signature. Article 1366 of the Civil Code recognizes electronic writing with the same probative force as paper writing. Certyneo''s advanced signature (AES) meets evidentiary requirements.
- What is the difference between an employment promise and a job offer?
- Since Cass. soc. 21 September 2017: the PROMISE is a firm commitment by the employer — if the candidate accepts, the contract is formed and the employer can no longer withdraw (withdrawal triggers contractual liability). The OFFER is revocable until the candidate accepts. The distinction is based on the employer''s intent and the precision of the proposed terms.
- What elements must appear in an employment promise?
- For it to have the value of a promise (and not a revocable offer): precise position (title + functions), precise salary (amount or hourly rate), precise start date, contract duration (permanent/fixed-term), explicit commitment by the employer to conclude the contract on the stated terms.
- 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 treated as dismissal without valid and serious reason: the candidate may claim severance pay, unpaid wages, and damages.
- Can the candidate withdraw after accepting?
- Before starting work, the candidate is not obligated to take the position. However, they expose themselves to damages if their withdrawal causes harm to the employer (urgent recruitment, refusal 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 meets evidentiary requirements in case of litigation over the acceptance date.
- How long must the promise be kept?
- 10 years minimum (five-year statute of limitations + 5 years security margin). Certyneo automatically archives the promise + audit trail for this duration.
- Is the electronically signed promise enforceable before employment courts?
- Yes — employment court case law recognizes eIDAS-compliant electronic signature. Certyneo''s audit trail proves the candidate''s acceptance date — the central element for qualifying the commitment as a firm promise.
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Permanent free plan (5 envelopes / month), no credit card required. Compliant with Labor Code and eIDAS. Audit trail and 10-year archiving included.