The law is old, the technological developments are new. What rules apply when the formal requirement of 'written form' meets state-of-the-art communication technologies? What do you need to watch out for, particularly in employment law?
The law is lagging behind modern digital realities – this becomes particularly clear when it comes to the question of "written form." Is a document legally signed if an assistant places a pre-saved image of your signature under a new employment contract or a notice of termination? Here is a practical guide based on the latest developments in case law.
Watch Out for the Trap: When "In Writing" Doesn't Mean "By E-mail"
In modern working life, we are used to sending documents by e-mail, scanning signatures and placing them on any number of documents, or using services like DocuSign. However, the Swiss Code of Obligations – and with it the legal provisions on "written form" – dates back to a time when ink and paper were the measure of all things. This leads to a dangerous gap: What we perceive as "written" in everyday business – namely the presentation of content or a statement in text form – often does not meet the strict legal requirements for "written form."
What Does "Written Form" Actually Mean?
When the law or a contract requires "written form," strict rules apply. In the legal sense, "written form" does not just mean presenting content in text. It specifically requires a handwritten signature on a permanent medium (paper). Essentially,...
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