Employment contracts do not have to be in writing – they can be electronic | PRO HR September 2020

2020.09.08

Employment agreements can be concluded by exchanging e-mails.

The Labour Code does not specify invalidity in the event of failing to execute them in writing. An e-mail containing an enclosed employment agreement may be sent to an employee with a proposal of its conclusion. If the employee also responds by e-mail agreeing to enter into the employment agreement sent to him or her, then it is concluded in a documentary form.

However, if an employment agreement is not in writing, then before allowing the employee to start work the employer must confirm in writing the arrangements pertaining to the parties to the agreement, its type and terms and conditions. 

The requirement of conveying information in writing is also fulfilled if the employment agreement sent by the employer in electronic form is signed with a qualified electronic signature as such a signature imparts the importance of written form to an electronic document. An employee does not have to sign the agreement with a qualified electronic signature. If an employer is not able to sign an employment agreement with this type of signature, the matters discussed above must be confirmed in a traditional written letter.

Find more in the PRO HR September 2020.