Can electronic signatures be used for employment contracts?
Germany is renowned for its excessive administrative red tape. In the realm of employment contracts, they tend to stick closely to the common pattern. Typically, these are written in doubles, sent by post, signed, and then returned. Couldn't this process be digitalized?
What if we told you it already is possible to digitally sign an employment contract? Volker Görzel, an expert in labor law, states, "One can conclude an employment contract orally. Therefore, one can also conclude it digitally." Informal contracts can be just as effective as those with traditional blue ink signatures.
There are some exceptions though. If an employment contract includes exit provisions, a handwritten signature is required. Disregarding this comes with consequences. The employment relationship becomes permanent.
Proof Law: Conditions must be in writing
Germany has something known as Proof Law. This law mandates employers to record the crucial elements of an employment relationship in writing and to give the record to the employee signed.
Görzel provides this information, but it doesn't necessarily need to be part of the employment contract itself. It can be conveyed through a different document. The Proof Law doesn't affect an employment contract's overall effectiveness.
Does an invalid clause suddenly become valid with a signature?
Despite this, many employees feel uneasy when discovering a rule in their employment contract they deem illegal. They worry that signing such a clause would make it effective. However, employees can sign a questionable clause in their employment contract without fearing repercussions. It simply won't apply.
About the expert: Volker Görzel is a labor law expert based in Cologne and heads the committee on company constitution and codetermination in the Association of German Labor Lawyers (VDAA).
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- In certain situations, the involvement of an advisor might be necessary for employees facing termination issues, as labor law can be complex and filled with legal issues.
- The employer must adhere to Germany's labor law, which dictates that key employment terms must be recorded in writing and signed by both parties, according to Volker Görzel, an expert in this field.
- The labor law expert, Volker Görzel, emphasizes that even though an invalid clause may be signed, it does not automatically become valid within an employment contract, thereby protecting employees' rights.
- If an employment contract involves advisory services, a handwritten signature might be required, emphasizing the importance of understanding the specifics of the labor law when drafting such contracts.
Source: www.ntv.de
