Article 16 of the Labour Code provides for the possibility of using electronic signatures for individual employment contracts, their addenda and other documents in the field of employment relations (annexes, job descriptions, etc.). In this respect, the contracting parties may choose to use advanced or qualified electronic signatures to conclude, amend, suspend or terminate the individual employment contract, in addition to handwritten signatures.
Furthermore, under the conditions laid down in the internal regulation, the employer may use the advanced or qualified electronic signature or the employer’s electronic seal for the drawing up of all documents relating to the employment relationship resulting from the conclusion of the individual employment contract, both during its performance and on its termination.
Another important aspect to be mentioned is that documents in the field of employment relations signed electronically are subject to electronic archiving by the employer, in compliance with the provisions contained in the relevant legislation, and made available to the competent control bodies, at their request. In addition, the competent control bodies shall accept individual employment contracts, additional acts and documents relating to employment relations concluded in electronic format, bearing the signature of the employer or the employer’s representative.
However, labour law only provides for the possibility, not the obligation, to use advanced or qualified electronic signatures when concluding, amending, suspending or terminating an individual employment contract. In this respect, the person selected for employment or, where appropriate, the employee may object to the use of the electronic signature.
In addition, irrespective of the signature chosen by the parties for use, i.e. holographic or electronic, the same type of signature must be used when concluding, amending, suspending or terminating the individual employment contract.
Consequently, since the provisions of the Labour Code do not expressly regulate the technical method of implementing the electronic signature, it can be concluded that each employer can implement the most technically accessible solution and that the procedure for using the electronic signature for documents in the field of employment relations should be included in the internal regulation of the company.
If you are looking for expert legal advice to successfully implement the new provisions mentioned above and ensure compliance with the legislative changes, we encourage you to seek Grecu Partners specialists at email@example.com or by phone 031.426.0745.
 National Archives Act No 16/1996, republished, and Act No 135/2007 on archiving documents in electronic form, republished.