The Labour Code provides that an employment contract must be drawn up in writing and signed in duplicate, one original being given to the employer and one original to the employee.
The employment contract may be drawn up as a hard copy, but also in a digital or electronic format.
In fact, Article 1322-1 of the Civil Code provides that the signature of an unattested document (acte sous seing privé) may be subscribed by hand or by electronic means.
Article 1325 of the same Code, which indicates that unattested documents must be drawn up in as many originals as there are parties, also provides for an exception with respect to unattested documents which bear an electronic signature.
It follows that all unattested documents may be entered into either by means of a handwritten signature or by an electronic signature, subject to compliance with the relevant provisions of the Law of 14 August 2000 on electronic commerce, as amended.
However, having regard to the limitations inherent in electronic signatures, which are liable to lead to potential evidential problems, employers are advised to send a copy of the employment contract signed electronically to the employee by post and to retain a copy.
It should be noted that in the case of other documents which are drawn up unilaterally by the employer, such as salary slips, certificates of employement, etc., the problem of duplicate originals does not arise.
Thus, an employer may draw them up electronically and if appropriate sign them electronically.