If you work in a human resources department, you probably have sent documents to sign to your employees on more than one occasion. And it's also possible that more than once you've had to pursue someone to get a signature.
This specific use case and its technological solution - the electronic signature - were the topics that we discussed in the last event on the electronic signature for HR Departments that we co-organized in Madrid together with GM Integra RRHH, the labor area of the consulting company RRHH Gros Monserrat.
After the talks of the three presenters there was time for questions. In this post we summarize the main questions that arose regarding the implementation and use of Signaturit’s eSignature solution in human resources departments.
This post is also available in Spanish.
8 questions about how the electronic signature works in HR departments
On May 26th in Madrid we organized together with GM Integra RRHH, the second edition of our event on the electronic signature to streamline processes in human resources departments.
After explaining how Signaturit’s electronic signature tool works, clarifying questions regarding the legality of the electronic signature and presenting a specific use case in the HR department of the company BQ, we began the Q&A time. In this post we answer all the questions raised.
Is the electronic signature legal to sign labor contracts??
Yes, the electronic signature is legal in the European Union, and therefore also in Spain, and can be used to sign any type of contract.
The law that establishes, regulates and recognizes the legality of the electronic signature in the European Union is the Regulation (EU) Nº 910/2014, also known as eIDAS, which we have already talked about on this blog.
Article 25 in this Regulation establishes the legal effects of the electronic signatures stating that “an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form or that it does not meet the requirements for qualified electronic signatures.”
Questions about the use of the electronic signature to sign labor contracts
1. How does the employee receive the labor contract to sign it?
Through his/her email. The person responsible for sending contracts to sign will do so through Signaturit’s platform, and the employee will receive the labor contract in his/her email account.
The employee does not have to be registered in Signaturit in order to sign, and can do it from his/her smartphone, tablet, laptop or desktop computer. In any case, we collect electronic evidence concerning the context in which the signature was made: date, time, geolocalization, IP address, web browser, etc.
In this video we explain how to sign a document with Signaturit:
2. Does the final recipient of the labor contract always have to be an employee?
No. From Signaturit’s dashboard you can choose that, once the employee has signed their contract or documentation that needs to be signed, a signed copy will also be delivered to a third person..
In any case, both the employee and the company will receive a signed copy of the contract automatically: the employee will receive it in his/her email address, and the company in Signaturit’s dashboard.
In addition, for each signed document the company will also receive an audit trail, which contains all the electronic evidence generated during the signing process.
3. Is it possible to send the same document to sign to several people at the same time?
Yes. This is what in Signaturit we call batch sending. It is exactly that: sending an identical document to several different people, although each one will sign his/hers, since they will receive it individually (although it was sent in “batch”).
In this article - Send a document in batches - you will find all of the information you need to understand and use this feature.
A very common case of sending in batches in a human resources department is when you have to send to sign the occupational risks prevention documents.
4. Is it possible to send labor contracts to sign via SMS?
Yes, with Signaturit you can send labor contracts to sign through an SMS message.
In this case, the employee will receive an SMS with a link to the employment contract. When he/she clicks on the link, the document to be signed will open in a navigator on their mobile phone, and from there he/she will be able to sign it.
In order to use this option, you must integrate Signaturit via API with the HR software that the company uses.
5. Can you digitize and certify the documentation that you have already stored on paper?
Yes. It's possible to digitize documents stored on paper from previous years, and once scanned and converted to PDF format, certify them through Signaturit´s platform with a timestamp and a digital certificate.
Once done, the documentation is archived in the cloud in digital format, and Signaturit is responsible for saving it for a minimum of 5 years.
Steps to digitize and certify physical documents that the company still retains on paper:
- Scan the documents.
- Upload it to the “Certified files” section on Signaturit’s platform.
Once the documentation is uploaded, we will certify it and generate an audit trail for each document. (You can upload documents until 4GB).
Both the certified documents as well as the evidentiary documents (audit trails) will be saved in our storage service in the cloud.
6. How long does Signaturit store documents that are sent through Signaturit’s platform?
Legally we are obliged to store the documents sent through Signaturit for a minimum period of 5 years. However, we can extend the custody period depending on the needs of each company.
We store the information in an encrypted form in our storage service in Europe.
To access the stored documents, you should access Signaturit’s platform. From there you can view or download them. In addition, you can also visualize and/or download the audit trail that each certified document generates.
7. Should you contract additional storage as the volume of documents sent increases?
No. Our storage capacity automatically scales as you increase the volume of documents sent to sign through Signaturit. And we don't charge extra for the fact of needing more storage space. :-)
8. Is it possible to use the electronic signature platform for labor contracts that must be uploaded to the Spanish public bidding platform CDTI?
Yes. In fact, the BQ company has found themselves in this situation, and what they have done is to upload labor contracts signed by personnel with Signaturit's advanced electronic signature to the CDTI platform, together with the audit trail generated for each contract.
If you need more information or if you have any other question regarding some specific use case that you have in your company’s human resources department, get in touch with us. +34 93 551 14 80.
This post is also available in Spanish.