Digital signature was and is a tool very familiar with the business when performing certain administrative procedures, such as tax declaration, customs electronically .v.v. In addition, digital signatures can be used to the business associate contract on electronic environment. So whether a business can use digital signatures to the conclusion of the employment Contract (“CONTRACT”) or not?
According to The Labor code 2012 are in effect, the CONTRACT must be in writing, in some cases, the law may establish verbal. The Labor code 2012 no provisions to guide the employee and the employer signed the CONTRACT in electronic form while digital signatures are only used in this environment. So, according to The Labor code 2012, the employer may not use the digital signature to the conclusion of the CONTRACT.
However, The Labour code 2019, effective from the date 01/01/2021 had specified on the CONTRACT electronically. Accordingly, in addition to the written form and the spoken word, the CONTRACT can also be expressed in the form of data messages, electronic and valued as the CONTRACT in writing(2). So, according to The Labour code 2019, employers can use digital signatures to conclude a labor CONTRACT with workers.
To ensure effective for the CONTRACT electronic is signed by digital signature in the contractusers need to note the following points. Let's Lac Viet Computing learn just below this article!
1. Legal validity of digital signatures
Digital signature in the contract need to meet the following conditions:
– Digital signature was created during the digital certificate takes effect and the check is in the public key indicated on the digital certificate that.
– Digital signature is created by using the secret key corresponding to the public key indicated on the digital certificate issued by one of the organizations authorized service provider of digital signature authentication level:
– Secret key only under the control of the signer at the time of signing.
2. The obligation of businesses to use digital signatures in the contract labor
Take measures to avoid the use of non-legal data, create electronic signature of his;
When discovered electronic signature can no longer under his control, to timely use the appropriate means to inform the parties accept electronic signatures and for organizations that provide services authentication, electronic signature, in case of electronic signatures that are authenticated;
Apply the necessary measures to ensure the accuracy and integrity of all information in the e-mail in case of stock e-mail is used to verify the electronic signature.
3. Obligations of the employee when the employment contract signed number
Conduct the necessary measures in order to test the reliability of a digital signature in the contract before acceptance of electronic signatures that;
Conduct the necessary measures to verify the validity of the deed of electronic and restrictions related to stock e-mail in case of use of stock e-mail to verify the electronic signature.
So, from the date 01/01/2021, businesses can use digital signatures to conclude a labor CONTRACT with workers.
Legal basis:
- The ministry of Labor law no. 10/2012/QH13 dated 18/06/2012;
- The Labour code no. 45/2019/QH14 date 20/11/2019;
- Electronic transaction law no. 51/2005/QH11 dated 29/11/2005;
- Decree 130/2018/ND-CP dated 27/09/2018 of The government detailing the implementation of the Law in electronic Trading on the digital signature and authentication service digital signature.
(1) Article 16 of The Labor code 2012
(2) Article 14.1 of The Labour code 2019
(3) Article 8, 9 Decree 130/2018/ND-CP
(4) Article 25 of the Law on electronic transactions 2005
(5) Article 26 Of the Law on electronic transactions 2005
To the organization operate more efficiently, then using digital signature in the contract is required. This not only creates favorable conditions for the authenticity of the transaction but also to promote trust between the parties involved. The practicality of signature of the contract date as is clearly manifested in the economy of today.
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