Electronic signature still valid for employment contracts
On 1 August 2022, an amendment to the German law on evidence came into force and is causing confusion. The issue being discussed is whether it is admissible to use electronic signatures to sign evidence of the essential terms and conditions of employment and whether electronic signatures on employment contracts are valid at all.
The German law on evidence has been in force since 1995. It obliges employers to record the essential contractual conditions of the employment relationship in writing, sign the record and hand it over to the employee. In the new version, additional points have been added to the list of working conditions that must be documented within different periods from the start of employment.
There is now even a fine for violating the law on proof.
The certificate is a written notification detailing the applicable terms and conditions of employment and in no way replaces the employment contract; it must therefore be distinguished from the actual employment contract: The signing of employment contracts by means of a qualified electronic signature (QES) is still valid.
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However, the electronic form of proof of the essential contractual conditions was excluded in the amendment to the law. Employees who start a new employment relationship from 1 August 2022 must therefore be provided with full proof of the essential terms and conditions of their employment contract on their first day of work, signed by the employer’s original handwritten signature.
Nevertheless, there is no obligation for the employer to take the initiative to provide such proof in existing employment relationships, only at the request of the employee and in the event of a change to the terms and conditions of the employment contract.
Please note that this explanation does not go into details or specifications relating to labour law!
