Execution Of Employment Contracts By Electronic Means
Published date | 24 August 2021 |
Subject Matter | Employment and HR, Contract of Employment |
Law Firm | L&E Global |
Author | L&E Global |
Since 2018, the Colombian Ministry of Labour has contemplated the possibility for employers to use the digital signature and the electronic signature, to sign the employment contract and other documents related to the employment relationship.
Decree 526 of 2021 is intended to guarantee that both the electronic and digital signature are as trustworthy as the handwritten signature, and provide the same effects as the latter when signing an employment contract.
Both the electronic and digital signature must comply with the following requirements:
- the creation of the signature must contain data that belongs exclusively to the signatory.
- it should be possible to detect any unauthorised alteration to the signature after being used.
Furthermore, when using electronic and digital signatures in employment contracts, the employer must have a system that allows for the following:
- ability to identify the signatory
- digital traceability of the signed documents
- possibility to conserve all documents as well as the meta data corresponding to the electronic signature.
Additionally, the requirements for the use of electronic signatures are:
- the signature will be valid so long as the employment contract is still in force
- the employer...
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