Signing Employment Contracts with Employees

The volume of documentation signed by Human Resources managers and specialists can be overwhelming: employee onboarding and offboarding, vacation approvals, severance payments, employment contracts, and more. And while these were traditionally handled manually, digitization has given way to more efficient electronic signature systems. But not all of them offer the same legal guarantees.

In this guide, we’ll explain whether it’s legal to digitally sign employment contracts with employees, what types of electronic signatures exist, and how to implement a streamlined, frictionless process.

Is it legal to sign an employee’s employment contract digitally?

Let’s get to the central question you’re asking yourself—and the one that brought you here:

Is it possible to sign employment contracts digitally?

The short answer: Yes, it is possible to electronically sign employment contracts with employees, and in fact, it’s recommended.

However, not just any signature will do. Many employees think that simply inserting an image of a handwritten signature into the employment contract is sufficient. We regret to inform you that this is not the case. For a digitally signed employment contract to be fully legally valid, it must guarantee two things:

1. The employee’s identity
2. The integrity of the document—that is, proving that it has not been altered after signing

Legal Framework for Electronic Signatures on Employment Contracts

Beyond the technical requirements that an electronic signature must meet, it is worth noting that, at the European level, electronic signatures are governed by the eIDAS Regulation (No. 910/2014), which explicitly states that their legal effects or admissibility as evidence in court cannot be denied simply because they are digital.

Types of Electronic Signatures Applied to Labor Relations

In a context where retaining current talent requires fast, bureaucracy-free processes, waiting days for a new employee to print, sign, scan, and return their contract not only delays the hiring process but also undermines the employee experience.

For this reason, the use of electronic signatures for employment contracts with employees (or any type of human resources document) is crucial to avoid penalties, challenges to employment contracts, or issues regarding evidentiary validity in legal proceedings.

The eIDAS Regulation recognizes three levels of electronic signatures, each with its own characteristics and specific features:

Simple Electronic Signature for Human Resources

This is typically the ideal option for low-criticality documents: a checkbox to accept terms and conditions, a signature drawn with a mouse to request vacation time, or an attendance record.

However, in most cases, a simple electronic signature in Human Resources is usually insufficient. This is the case, for example, with documents that we want to remain valid over the long term; a simple electronic signature does not guarantee the signatory’s unique identity or the document’s long-term integrity. Therefore, if an employee denies having signed a document in court or claims that the document’s content has been altered, the company will find itself in a difficult position and will have a hard time proving the document’s authenticity.

Advanced Electronic Signature for Human Resources

For its part, the advanced electronic signature is the most recommended option for talent management, as it meets four essential criteria:

• It uniquely links the signer
• It allows for clear identification of the signer
• It has been created using data under the signer’s exclusive control with a high level of trust
• It is linked to the document in such a way that any subsequent modification is detectable

This category includes methods such as OTP signatures and biometric signatures. If you are looking to hire employees who will work remotely, this is the ideal solution.

Qualified Electronic Signature for Human Resources

This represents the highest level of legal certainty. It is created using a qualified digital certificate issued by a Certification Authority and a secure signature creation device. In practice, it has the same legal effect as a handwritten signature and is equivalent to it.

To use it, all signers must have an active digital certificate, which often creates some friction when hiring certain types of candidates.

What type of signature should be used in HR documents, depending on the document?

HH.RR. Document	Recommended signature type	Legal Criticality Level
Employment contract	Advanced Signature	High
Confidentiality agreement	Advanced Signature	Medium-High
Occupational safety and health training	Advanced Signature	High
Social Security Enrollment Notification	Simple Signature/Advanced	Medium
Vacation Request	Simple Signature	Low

Why use Viafirma to sign employment contracts with employees?

Viafirma offers a comprehensive suite of digital solutions that have become the Human Resources Department’s preferred tool for authentication and electronic signatures. Whether used in person or remotely, Viafirma has significant strengths, such as:

• Audit Trail Generation: Every document signed with Viafirma generates an audit trail that records the IP address, timestamps, geolocation, evidence, and the document’s hash. This record ensures irrefutability in the event of a lawsuit or labor inspection.
• Integration with Your HR Software: Viafirma provides the necessary credentials for REST API services so that technical teams can connect CRM, ERP, or back-office systems. We also provide an online integration guide that can serve as a reference.
• Long-term storage and guaranteed legal validity: Signed documents retain their legal validity and integrity even after an employee leaves the company or after the digital certificate used to sign them has expired.

Frequently Asked Questions About Electronic Signatures for Employment Contracts

Is signing an employment contract via WhatsApp or SMS valid?

Yes, signing employment contracts with employees via WhatsApp or SMS is completely legal. When electronically signing an HR document, the key is to be able to verify and link the signer’s identity and ensure that the document is not altered.

In fact, Viafirma offers the option to send signature requests via SMS or WhatsApp. The signer receives an OTP (One-Time Password) on their phone, generated from the hash of the document they wish to sign.

How is the vacation request handled?

It is handled in the same way as signing an employee’s employment contract or any other Human Resources document. The technology you’ll need depends on the type of signature you choose for the document in question: a digital certificate for a qualified signature or electronic signature software for an advanced signature.

Digitize Your Hiring Processes with Full Legal Assurance

As you’ve seen, signing employment contracts with employees—or using this process in the Human Resources department—is much more than just a tool for going paperless: it’s the new employee’s first interaction with the company. Therefore, adopting a secure system—accessible from any mobile device and legally compliant with the eIDAS Regulation—is the right path toward a dramatic improvement in the employee experience.

Are you looking to optimize your department’s operations with a fast, legally compliant, and easily integrable signing process? Viafirma is the solution you need. Stay one step ahead of potential issues, protect your organization from possible legal disputes, and transform how your company onboards new talent. Contact us today, and we’ll provide you with more information.