The written form stipulated by the current laws in China includes many forms of expression, not just a paper form. In view of the fact that the Labor Contract Law itself does not put forward special requirements for written form, the provisions of the Contract Law on written form are still applicable. Therefore, whether signing a labor contract by fax, e-mail or electronic contract does not violate the provisions of Article 1 of the Labor Contract Law.
the adoption of electronic labor contracts shall conform to the reliable electronic signature and data message forms stipulated by the Electronic Signature Law and other laws. Enterprises should ensure that the generation, transmission and storage of electronic labor contracts meet the legal requirements and ensure that the contracts are not tampered with. It is undeniable that enterprises should perform corresponding legal responsibilities and obligations when they agree to use electronic labor contracts.
in order to provide evidence that the employer and the employee have reached an agreement on the electronic contract, the enterprise can indicate in the text of the electronic contract that the enterprise and the employee have reached an agreement on the electronic labor contract. At present, there are many electronic signature business platforms. The human resources department can carefully select more suppliers after investigation. To ensure the authenticity of the signature. Enterprises can require employees to record videos when signing, while retaining relevant materials. Do a good job of data backup of signed electronic labor contracts to avoid the risk of data loss due to platform problems. ?
according to the provisions of the labor contract law, the establishment of labor relations requires the conclusion of a written labor contract, and the written form is not just a paper form. As a kind of data message, electronic signature also belongs to written form. Therefore, as long as the requirements of the Electronic Signature Law are met, the electronic signature proves that my signature and my real thoughts are reliable, and the signature content and signature tampering can be found to ensure the validity of the electronic labor contract. The establishment of an electronic contract only means that the parties have reached an agreement on the contents of the contract, but whether the contract can produce legal effect and be protected by law still depends on whether it meets the legal requirements, that is, whether the contract meets the legal provisions and the effective requirements of the agreement. ?