Who must sign the employment contract?

The employment contract is an agreement between two parties regarding the terms of a professional collaboration. It must be signed by both the employer and the employee. This step is crucial because it gives legal value to the document and formalizes the working relationship between the company and its future employee. Meeting deadlines and following proper signing procedures is essential to maintain the contract's legal validity, which is why many companies use digital signing tools to streamline personnel management and track signatures on time.

The signatories of the employment contract

Parties involved in the agreement

Both the employer and the future employee must sign the employment contract. The employer, acting as the legal representative of the company, hires the employee to perform specific tasks. In return, the employee accepts these responsibilities in exchange for a salary and other benefits defined in the contract. The mutual signing confirms that both parties accept the terms and conditions, creating a solid legal foundation for the employment relationship.

The signing procedure for the employment contract

Signing deadlines and formats

When should the employment contract be signed?

In France, no legal deadline is imposed for signing an employment contract. It is generally recommended to sign the document before the employee starts working. This allows any necessary adjustments to be made and ensures that both parties are clear on their rights and obligations from the outset. Although an advance signature helps prevent misunderstandings, a deadline of two days after the start of work is considered reasonable. Note that apprenticeship contracts must be signed before the commencement of professional activity.

How to sign employment contracts?

There are two ways to sign an employment contract. Companies can choose the method that best suits their HR management practices:

• In person: Signing a paper contract on company premises is the most common method. It allows direct interaction with the prospective employee and enables any last-minute questions to be addressed.
• Digitally: Technological advancements have led to digital tools for personnel management. Many companies now use these platforms to facilitate hr document tracking, including electronic signatures. This method supports remote recruitment and reduces signing delays.

What happens if the employment contract is not signed?

An employment contract becomes legally binding only once it is signed. If it remains unsigned, several risks emerge:

• Lack of legal validity: An unsigned contract is ineffective as it fails to prove mutual agreement, which can be problematic in disputes.
• Uncertainty: Without a signature, the rights and obligations of each party become unclear, potentially leading to conflicts over salary, benefits, and working conditions.
• Difficulties in dispute resolution: In the absence of a signed contract, resolving conflicts becomes more challenging, as courts may struggle to settle contractual issues without formal proof of agreement.

Conclusion

The employment contract must be signed by both the employer and the future employee. This essential step establishes a clear and equitable professional relationship while ensuring legal protection for both parties. A well-managed signing procedure minimizes potential legal risks and provides a firm foundation for the working relationship.

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