1.On March 4, 2020, Ministry of Human Resources and Social Security issued the Letter of the General Office of Ministry of Human Resources and Social Security on Issues Related to Concluding Electronic Labor Contracts, which stipulated: "Employers and laborers can conclude written labor contracts in electronic form through consultation." First of all. Electronic labor contract is recognized by the laws of China, that is, it has legal effect.
Two, electronic labor contract signing can follow the following steps.
(1) Select the signing platform. Employers can choose to build their own contract management platform or purchase a third-party electronic contract signing platform.
(2) Determine the signing intention. According to the "Reply": "The employer and the employee can conclude a written labor contract in electronic form through consultation." Therefore, it is necessary to determine the specific content and time point of consensus.
(3) Verify the signature identity. Because of the online operation, it is necessary to clearly confirm the identity information of the subject, and the information can be confirmed by means of real-name login information platform, SMS verification code login, video blessing and so on.
(4) Determine the contents of the contract. Article 3 of the Labor Contract Law stipulates: "The conclusion of a labor contract shall follow the principles of equality, voluntariness and unanimity through consultation. Specifically, when the employer and the employee sign a contract, both parties have equal status, and both parties have the freedom to choose the contracting object and decide the contract content. Both parties should reach an agreement on the main terms of the labor contract. "
(5) Electronic signature. According to the Electronic Signature Law, employers and employees should use "reliable electronic signatures" when signing electronic labor contracts. A more reliable way is to choose a third-party platform, because it has information such as electronic signature certificate and trusted timestamp.
(6) Strict contract safety. In order to prevent information leakage on the network, especially to prevent the signer's signature from being illegally defrauded and stolen, it is necessary to authenticate the electronic contract and take encryption technical measures to ensure the security of the contract. In addition, the contract should be backed up to prevent the loss of the contract and properly handle future disputes.
If the answer can help you, please adopt it and like it. If you can provide more detailed information, you can provide more specific and targeted answers. Welcome to call our experts.