If an employee does not have a qualified e-signature, a combination of digital and "wet ink" versions could be used
The Covid-19 epidemic has had a significant impact on digitalizing even more aspects of business life and moving them into the electronic sphere. The number of physical meetings has been reduced and many companies have started to operate remotely. However, there has been problems for some with signing employee documents, while many employers are faced with the question of whether it is possible to conclude an employment work contract remotely in Poland.
The provisions of the Polish labor law indicate that an employment contract must be concluded in writing. This means that a document must contain the handwritten signature of the contracting party (the wet-ink signature). At the same time, the Polish civil law contains solutions that make it possible to keep the written form also in the on-line sphere. The regulations indicate that a declaration of intent made in electronic form shall, subject to certain conditions, have the same effect as a declaration of intent made in writing. A necessary condition for the effective conclusion of an electronic contract is that the electronic document be accompanied by a qualified electronic signature.
A qualified electronic signature is a form of advanced electronic signature that:
• is uniquely assigned to the signatory;
•...
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