The signing of an employment contract is a crucial moment for both the employer and the future employee. The contract is the legal document that formalizes the working relationship and outlines the rights and obligations of each party. This article details the legal framework, specific requirements, best practices, and benefits of using a digital contract signing tool.
When establishing an employment contract, there are legal constraints regarding its signing. Although laws impose certain deadlines, it is always preferable that the contract be signed before the employee begins work. This ensures that administrative formalities are completed and the collaboration can start smoothly.
In certain situations, the Labor Code requires that a contract be signed within a specific timeframe. This applies to:
In all these cases, the required deadline is 2 working days – meaning the employment contract must be signed within a maximum of 48 hours after the employee’s effective start date.
It is important to note that setting up a full-time permanent contract is not legally subject to the obligation of a signed document, except for specific clauses (such as a trial period or non-compete clause). While an oral agreement may suffice, a written contract is strongly recommended. A written contract clarifies working conditions, captures the outcomes of recruitment negotiations, and protects the company by outlining the rights and obligations of both parties, thereby reducing potential disputes. Even when a permanent contract is drafted, a reasonable signing deadline of about 48 hours after work commencement is often applied.
For contracts requiring a signature within a set timeframe, failing to meet the deadline can have serious repercussions.
If the employer does not present a signed contract to the employee within two days of the start date, they may be liable for indemnities—up to one month’s salary. Moreover, the failure to sign within the required deadline can result in the contract being reclassified as a full-time permanent contract, which can have significant consequences for the business.
An unsigned employment contract can also adversely affect the employee. Without a signed agreement, it becomes difficult for them to assert their rights, and they may inadvertently be considered employed on a full-time permanent basis when that was not the original intention. Therefore, it is in the employee’s best interest to ensure that the contract is signed promptly to avoid potential disputes.
As a business leader or HR manager, you must remain transparent about the employment conditions offered to your future employee. The contract should clearly outline all specifics related to the position, such as remuneration, social benefits, working hours, leave, etc. A clear and complete contract helps prevent future conflicts and sets a positive foundation for the collaboration.
Both parties may seek legal advice during the contract signing process, especially if the agreement includes unusual or complex clauses (e.g., exclusivity, non-compete, confidentiality clauses). Consulting a lawyer ensures that the contract complies with current legal standards and can help mediate negotiations, thereby avoiding future disputes.
To simplify the process and adhere to signing deadlines, using a digital tool is an excellent solution. Digital signatures through a dedicated platform streamline the hiring process for both the employee and the employer. This method offers numerous advantages: time savings (no postal delays or travel), reduced costs, enhanced security, improved traceability, and automation.
Respecting the legal deadlines for signing an employment contract is essential for a smooth, compliant hiring process. Whether using traditional or digital methods, ensuring that contracts are signed within the required timeframe protects both the employer and the employee from potential legal complications.
