First of all, Article 1 1 of People's Republic of China (PRC) Contract Law clearly stipulates that written form refers to the form that can tangibly express the contents contained in contracts, letters and data messages (including telegrams, telex, faxes, electronic data interchange and e-mails). It can be seen that the written form stipulated by the current law in China includes many forms that can tangibly express the contents contained, not just a paper form.

Secondly, according to Article 63 of the Civil Procedure Law of People's Republic of China (PRC), the evidence includes: statements of the parties, documentary evidence, material evidence, audio-visual materials, electronic data, witness testimony, expert opinions, and inspection records. Electronic labor contract is a labor contract concluded through electronic data exchange (data message form), which belongs to electronic evidence.

Third, Article 3 of the Electronic Signature Law of People's Republic of China (PRC) stipulates that a document in the form of electronic signature or data message agreed by the parties shall not be denied its legal effect just because it is in the form of electronic signature or data message. Therefore, as long as the employer and the employee agree to sign the labor contract in the form of electronic signature and data message on the premise of equality and voluntariness, and meet the authenticity standard of data message and the requirements and effectiveness of reliable electronic signature stipulated in the electronic signature law, the electronic labor contract will have legal effect.

Finally, according to the Letter of the General Office of Ministry of Human Resources and Social Security on Issues Related to Concluding Electronic Labor Contracts (Ministry of Human Resources and Social Security [2020] No.33) dated March 4, 2020, it is also clear that employers and workers can conclude written electronic labor contracts through consensus.