An Employment Contract Can Be Concluded by Email

Autor

Paulina Zawadzka – Filipczyk

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Form of the employment contract – not just paper
The Labour Code does not require an employment contract to be in writing to be valid. Therefore, an employment contract can be concluded through the exchange of emails. A series of emails where the employer sends the contract proposal and the employee agrees to it is sufficient for the contract to be deemed concluded in documentary form.

How can an employment contract be concluded via email?
The employer sends the employee an email with the employment contract attached and the offer to conclude the contract in the text of the message. If the employee responds by accepting the contract. When this is done, the contract is concluded.

What if the contract is not in writing?
If the contract is not in writing, the employer must confirm the terms, type and conditions of the contract in writing before allowing the employee to start work.
This confirmation can be signed by the employer with a wet signature or qualified electronic signature (QES), which gives the document the weight of a written form. The employee’s signature is not required.
A failure to confirm the terms of the employment contract in writing exposes the employer to liability for a misdemeanour.

Summary
An employment contract can be concluded by email and does not require a wet signature or qualified electronic signature. However, it is important to confirm the contract’s terms in writing before the employee begins work.

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