The electronic signing of legal documents is becoming an increasingly common practice in the business and administrative sectors, primarily due to its faster and more efficient use. The digitization of contracts and legal acts is also becoming increasingly sought after in labor relations. The technical implementation of these processes is facilitated through various applications and platforms.
The most common question in this regard concerns whether, and under what conditions, contracts concluded exclusively in electronic form are valid. This makes it all the more important to address this issue in labor relations, where the Labor Code requires a written form for legal acts in many cases. This also applies to the employment contract, which we can consider the most important and, in fact, the fundamental document (contract) in the field of labor law. Under what conditions may an employer conclude an employment contract with an employee in a purely electronic form? Can we say in this case that the written form requirement for an employment contract under the Civil Code and the Labor Code has been met? You can find all of this in our article.
What are the methods of electronically signing legal acts and their legal regulation?
With the adoption of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of July 23, 2014, on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (hereinafter referred to as “eIDAS Regulation”), which entered into force on April 1, 2016, the legal framework for electronic identification and trust services was harmonized across all Member States of the European Union. The aim of adopting the Regulation, as a legal act of the European Union directly applicable in the legal systems of the Member States of the European Union, was to simplify electronic transactions within the European market. The implementing legislation for the e-IDAS Regulation in the Slovak Republic is Act No. 272/2016 Coll. on Trust Services for Electronic Transactions in the Internal Market (the Trust Services Act), as amended.
The e-IDAS Regulation, in Article 3, paragraphs 10–12, regulates the methods of electronic signing, i.e., the types of electronic signatures. Specifically, these are:
- Electronic signature
- Advanced electronic signature (without qualified status or with qualified status)
- Qualified electronic signature
An electronic signature, also referred to as a “simple electronic signature,” is, according to the e-IDAS Regulation, data in electronic form that is attached to or logically associated with other data in electronic form and which the signatory uses for signing.
Another type of electronic signature is the advanced electronic signature, which must meet the requirements defined in Article 26 of the e-IDAS Regulation, namely:
- it is uniquely linked to the signatory
- it enables the identification of the signatory
- it is created using electronic signature creation data that the signatory can use under their sole control with a high level of confidence
- is linked to the data being signed in such a way that any subsequent alteration of the data can be detected
An advanced electronic signature provides a higher level of security, ensuring that the document was signed by a specific person and that the signature is irrevocable. This type of signature (provided it technically meets all the requirements of the e-IDAS Regulation) is thus capable of fulfilling the requirements set forth in Section 40 of the Civil Code for the written form of a legal act. If the person to whom this electronic signature is attributed were to dispute its actual execution, evidence would have to be presented, similar to what would be done in the case of a handwritten signature without an official certification of authenticity.
A qualified electronic signature refers to an advanced electronic signature created using a qualified electronic signature creation device and based on a qualified certificate for electronic signatures.
A qualified electronic signature is the highest level of signature, and its use ensures that the signatory can be uniquely identified and also ensures the immutability of signed documents at the time of signing. The signatory cannot claim that they did not create the signature, and a qualified electronic signature has the same legal force as the person’s handwritten signature. If it also includes a time stamp, it has the same legal weight as an officially certified signature of the person. The use of a qualified electronic signature with a time stamp thus ensures the indisputability of a legal act being performed by a specific person at a specific time.
For the sake of completeness, we note that the e-IDAS Regulation is amended and supplemented by the new Regulation of the European Parliament and of the Council (EU) No. 2024/1183 of April 11, 2024, amending Regulation
(EU) No. 910/2014 as regards the establishment of a European Digital Identity Framework. As regards the definition of the basic types of electronic signatures, this remains largely unchanged.
Can an employment contract be validly signed solely with an electronic signature?
The requirement for the written form of an employment contract is governed by Section 42 of the Labor Code. The Civil Code, in Section 40, defines when a legal act (including an employment contract) is deemed to have been performed in compliance with the written form requirement, listing several methods by which the written form is satisfied. One of these methods is the signing of documents by electronic means, which allows for the recording of the content of the legal act and the identification of the person who performed the legal act. At the same time, it follows from the provision in question that the written form is always preserved if the document is signed with a qualified electronic signature, which is the electronic equivalent of a handwritten signature. This means that if the contracting parties sign an employment contract with their qualified electronic signatures, this procedure will be carried out in accordance with legal requirements and will therefore be valid and effective.
The question, then, is whether it is possible to use a type of electronic signature other than a qualified electronic signature to sign an employment contract (to preserve the written form required by law). This is particularly relevant because not every individual possesses an electronic ID card equipped with a qualified electronic signature. This significantly limits the possibility of quick and effective signing. The law does not specifically define whether a simple or advanced electronic signature would suffice, and thus we must rely on identifying the conditions under Section 40 of the Civil Code within the framework of individual technical solutions—electronic signatures.
As for the simple electronic signature, given its low level of reliability—which stems from lower requirements for the technical quality (requirements) of the signature—we are of the opinion that it would not be sufficient.
As for the advanced electronic signature in accordance with the e-IDAS Regulation, we take the view that if all legal conditions defining the quality of this signature are met, it should be sufficient for the valid and effective execution of a legal act in written form, i.e., the written form will be preserved.
The use of this type of electronic signature is often provided by various applications or platforms, and its use is more accessible in practice than in the case of a qualified electronic signature.
However, it is important in practice to verify whether the provider of the given platform or application for signing and executing legal acts guarantees the quality and form of the technical solution used for signing to users.
Our law firm collaborates with the Legal Systems platform, which provides its users with the use of an advanced electronic signature for document management and signing—a solution that complies with the e-IDAS Regulation and can thus be a very suitable option for businesses.
In conclusion, however, we would like to point out that some expert commentaries on the Labor Code state the legal opinion that fulfilling the requirement for a legal act to be in writing necessitates exclusively a handwritten signature, the electronic equivalent of which is only a qualified electronic signature. Although such a requirement is not directly defined in the legislation, if state authorities or courts were to adopt this approach in the event of a dispute, even an advanced electronic signature on a document might not be sufficient for their assessment.
If this were to concern an employment contract, despite the fact that the Labor Code does not link the failure to meet the requirement of the written form of an employment contract to its invalidity, the absence of written form may result in the imposition of an administrative sanction on the employer by the labor inspectorate, or the invalidity of certain specific provisions for which the law requires an agreement in written form and directly within the employment contract.
Conclusion
Electronic signing of contracts is becoming an increasingly common alternative in legal relationships. It can be assumed that, with the accelerating pace of digitization, it will be necessary for the legislature to more clearly delineate and define the relevant regulations. Until then, however, both advanced electronic signatures and simple electronic signatures remain in a gray area of uncertainty. At the same time, we are convinced that any review to properly assess the written form of an electronically signed employment contract would have to thoroughly evaluate the technical parameters of each electronic signature individually.
Automation of Labor Law Documentation
Our law firm collaborates with the Legal Systems platform, which provides companies with innovative solutions in the field of document automation. Together, we offer two service packages in the area of labor law:
- BASIC HR PACKAGE – suitable for smaller employers or companies without a dedicated HR department that need a basic set of the most frequently used documents with the ability to generate them quickly and correctly.
- FULL HR PACKAGE – designed for companies with more complex HR processes and requirements, including extensive documentation, customized terms, and potential support during inspections by government authorities.
Both packages are available through the user-friendly Legal Systems interface, which enables the rapid creation of documents verified by a lawyer and compliant with current legislation.
