The threat that the epidemic posed forced many companies to organize remote work for most or even their entire staff whenever it was possible. Some departments can switch to this method very quickly, but in others it seems more difficult and sometimes even impossible. The latter may seem to include „Human resources and payroll” or, to be a bit more corporate, „HR”. In practice, however, it turns out that thanks to the Autenti platform and electronic signatures, it is possible to organize HR’s work in practically every area of operation, as well as sign all documents with hardly any difficulty and in accordance with applicable regulations.
Employee documentation – also in digital form
We should start with the fact that, in accordance with the amendment to the Labor Code of January 1, 2019, every company can also store employee documentation in electronic form. According to article 9411 of the Labor Code, this is equivalent to the earlier paper form that was required. In practice, this means that there is no longer a need to have physical employee files, as the folders in the computer system suffice.
This, in turn, requires an employee's electronic documents to be authenticated in some way, even if they are scanned and attached as files to a digital registry. This can, of course, be carried out by an authorized person from Human Resources and Payroll with a qualified electronic signature. Therefore, if a company focuses on the depaperization and digitization of all documents related to the organization of work and employees, it has both a legal basis to do this and the tools to properly secure files.
Employment contract – can this be signed electronically?
An issue that raises a lot of doubts in every HR and payroll department is the conclusion of an employment contract. After all, even forced remote work or the threat of an epidemic did not necessarily have to stall the ongoing recruitment processes – many new employees had agreed employment conditions a long time ago, and signing an employment contract was only the final formality. These people should not be left in the lurch.
What do regulations have to say in this regard? On the one hand, the Labor Code references a written form for concluding an employment contract. At the same time, it is not reserved under the pain of nullity. In practice, this means that a contract concluded in a different way – for example, signed online with an electronic signature, is valid and must be upheld by both parties.
However, in order for both involved parties to be properly secured, they should first of all acknowledge that the contract concluded electronically is binding. This is especially true for an employee who finds themselves in this new situation.
Of course, there is no need to require a new employee to sign a contract with a qualified electronic signature, as private individuals rarely have one. It suffices to use the Autenti platform, where it is possible to sign a document with a signature that is not a qualified signature. The employee can do this by using the Free account, which is free and available without charges. If the employer used a qualified electronic signature, then in most cases all formalities were met in this way.
Establishing another way to work together thanks to electronic signature.
A company’s HR and payroll department is very often responsible not only for full-time employees, but also for those who work with the company on other terms, for example through civil law contracts.
Remotely concluding this kind of document with an electronic signature is very convenient. Another aspect that is quite important is that if freelancers or people operating micro-economic activities are aware of this possibility, it is often preferred. For them, it is usually a waste of time to appear at the company’s headquarters in-person just to sign a contract of mandate or for specific work.
What types of contracts can the HR and payroll department conclude thanks to the Autenti platform’s electronic signature? Here are some examples:
- Management contract;
- Contract of mandate;
- Contract for specific work without the transfer of copyright;
- Contract for specific work with the transfer of copyright;
- Contract for specific work with an exclusive license;
- Contract for specific work with the grant of a non-exclusive license;
- Umowa o pracę na okres próbny;
- Umowa o pracę na zastępstwo;
- Przedwstępna umowa o pracę.
- Contract of employment;
- Trial period employment contract;
- Replacement employment contract;
- Preliminary employment contract.
The organization of work during the remote execution of official duties
The HR and payroll department is also of key importance within the context of the organization of work, internal rules, safety regulations and other matters connected to the widely understood organizational order within the company. Remote work does not exempt employees of their obligations in this regard, and the HR department may change the rules and internal regulations for working from home.
In this context, the proper circulation of documents is essential - not only to deliver them to employees, but also to guarantee that they have been read, understood and accepted. To reiterate, the Autenti platform and electronic signature could become an integral part of the company’s internal document circulation between the HR and payroll department and the employee.
What types of documents can be submitted via Autenti and then electronically signed? Here are some examples:
- Job Duties;
- Work regulations;
- Remuneration regulations, bonus regulations;
- Authorization to process personal data;
- Processing of personal data clause;
- Completion of health and safety training certificate;
- Referral for an initial, periodic or follow-up medical examination;
- Insurance contract;
- Group insurance documentation;
- Entrusting property to the employee confirmation.
To summarize, it should be made clear that the organization of the HR and payroll department’s work during a time when duties and responsibilities are carried out remotely by most or even the entire staff requires flexibility and a new approach to many issues. Especially in companies that previously relied heavily on the circulation of paper documents and not electronic ones.
In practice, however, it turns out that there is almost a complete depaperization of the company in this respect, and it is certainly possible and will significantly improve the entire workflow in the long run. However, the right tools and instruments are essential for this, i.e. the electronic signature and using the Autenti platform.