How does signing an employment contract work?

Published on
November 24, 2023
How does signing an employment contract work?

The signing of an employment contract is a crucial step for both the employer and the future employee. It marks the beginning of their professional relationship and confirms mutual consent regarding the working conditions.

What is an employment contract?

An employment contract is a legal agreement between an employer and an employee. It defines the terms of employment, including responsibilities, rights, and obligations. The contract can be issued on paper or digitally, and its validity depends on being signed by both parties before the employee starts work.

When should the contract be signed?

Although the Labor Code does not specify a strict deadline for signing, the ideal practice is to have the contract signed before the commencement of professional activity. In many cases, a reasonable timeframe is considered to be within 48 hours after the employee begins work. For contracts such as apprenticeships or professionalization agreements, the document must be signed before work starts.

Who must sign the contract?

The contract is an agreement between the employer and the employee. The employer, representing the company, and the future employee must both sign the document to confirm their acceptance of its terms. In larger organizations, other representatives of the company may also be required to sign.

How to sign the contract

In-person signing

Typically, the process begins with an in-person meeting. During this meeting, the employer discusses the job details—such as salary, working hours, and responsibilities—with the employee. Once all negotiations are complete and any ambiguities are clarified, both parties review the contract carefully and sign the paper document at the company’s premises.

Digital signing

Advances in technology have enabled the use of online tools for contract signing. Employers now often use HR management software that allows for secure digital signatures. This method is particularly beneficial for remote hiring, as it facilitates real-time tracking of signatures without geographical constraints.

Consequences of an unsigned contract

A signed contract holds legal value by formalizing the employment terms. If the contract is not signed, it loses its legal validity, which can lead to uncertainties in the working relationship. This may result in administrative sanctions for the employer—such as fines or disciplinary measures—and can negatively affect the company’s reputation, as employees may view the lack of a signed contract as a sign of unprofessionalism.

Conclusion

Whether signed in-person or digitally, the act of signing an employment contract is essential for legally establishing the working relationship between an employer and an employee. A properly signed contract not only protects both parties but also serves as a key document in resolving potential future disputes.