With the help of the Paperless flowSIGN solution, HR documents can be electronically signed remotely by multiple people, easily and quickly, with legal value – essential aspects especially in the current context of teleworking. But to better understand how the work of Human Resources departments can become 100% digital using the Paperless flowSIGN remote electronic signature solution, we answer next to some of the most important questions from specialists in the field – from a legal point of view and not only.
1. What is the legal value of electronically signed documents?
A qualified electronic signature has the equivalent legal effect of a handwritten signature, according to the European Regulation eIDAS 910/2014. Qualified digital certificates issued by certSIGN for electronic signature are offered in accordance with this regulation. Thus, a document signed with a qualified electronic signature is assimilated to the document under private signature, both in the case of documents for which the written form is required ad validitatem, and in the case of those for which the written form is required ad probationem.
In the case of other types of electronic signatures, advanced or simple, in general the documents thus signed are accepted as the beginning of written proof, applying the regulations of the Code of Civil Procedure on evidence.
2. Can the employer sign electronically, and the employee – on paper, and the documents be archived?
It is not recommended, because it is difficult to prove the existence of the document and involves double archiving for both the employer and the employee, who would have had to communicate, to submit the employment contract in both formats. Also, in the context of the draft emergency ordinance which expressly provides that both parties must sign either on paper or electronically with a qualified electronic signature, this hybrid solution can no longer be taken into account.
3. What do we do if a future employee does not have an electronic signature? What is the administrative procedure to be followed to obtain an electronic signature? How long does it take, on average, to issue it?
In order to issue the electronic signature, it is necessary to identify the employees. Identification can be done face-to-face, by different methods, or remotely, by a certified video protocol. In the latter case, the employee must have at his disposal an electronic device with a video camera, the identity card and the technical possibility to contact a certSIGN operator who will confirm his identity.
Depending on the identification method chosen, the issuance of the certificate can take from a few minutes (video identification) to 1-2 days (physical identification).
4. Have I ever heard of the option to assume the identity of the employer, by interviewing the person, would it be valid?
It is possible to identify the person to whom a qualified certificate is issued through third parties. An employer could be such a third party to take over from the duties of the qualified trust service provider. This delegation involves a series of agreements, the employer must meet certain conditions and assume certain responsibilities. The identification must be made under the conditions established by eIDAS Regulation and is subject to an audit. Not every identification can be accepted as complying with the Regulation.
