The Labor Code provides, in Article 16, the possibility of using electronic signatures for individual employment contracts, their additional acts, as well as for other documents in the field of labor relations (annexes, job descriptions, etc.). In this regard, the contracting parties may choose to use advanced or qualified electronic signatures in addition to handwritten signatures to conclude, amend, suspend, or terminate the individual employment contract.
Furthermore, based on the conditions established by the internal regulations, the employer may use advanced or qualified electronic signatures or the electronic seal of the employer for the preparation of all documents related to labor relations resulting from the conclusion of the individual employment contract, both during its execution and upon its termination.
Another important aspect to mention is that electronically signed documents in the field of labor relations are subject to electronic archiving by the employer, in accordance with the provisions of the applicable legislation, and made available to competent supervisory authorities upon their request. Additionally, competent supervisory authorities are obliged to accept individual employment contracts, additional acts, and documents related to labor relations concluded in electronic format, bearing electronic signatures, without the need for them to be exclusively transmitted in paper format.
However, labor law legislation only provides for the possibility, not the obligation, of using advanced or qualified electronic signatures when concluding, amending, suspending, or terminating individual employment contracts. In this regard, the person selected for employment or, as the case may be, the employee, may object to the use of electronic signatures.
Furthermore, regardless of the type of signature chosen for use by the parties, whether handwritten or electronic, the same type of signature must be used when concluding, amending, suspending, or terminating the individual employment contract.
As a result, since the provisions of the Labor Code do not expressly regulate the technical implementation of electronic signatures, it can be inferred that each employer can implement the most accessible technical solution, and the procedure for using electronic signatures for documents in the field of labor relations should be included in the company’s internal regulations.
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