Digital Signing & Archiving of Temporary Employment Contracts: Legal Requirements & Misconceptions

1. How Can Temporary Employment Agencies Sign Contracts Digitally?

Since the law of August 30, 2016 (published in the Belgian Official Gazette on September 28, 2016), which amended Article 8 of the Act of July 24, 1987 regarding temporary agency work, temporary employment contracts can be legally signed electronically. This law clarified that temporary contracts do not have to be signed solely with a Qualified Electronic Signature (QES). Other forms of electronic signatures may also be used as long as they provide sufficient guarantees regarding the signatory’s identity, consent, and the document’s integrity. This represents a significant difference from the general provisions in Article 3bis of the Employment Contracts Act, where such an extension had not yet been introduced. The electronic signature must always comply with the eIDAS Regulation (EU) 910/2014. A Qualified Electronic Signature, in any event, has the same legal effect as a handwritten signature.

Additionally, Article 3bis of the Employment Contracts Act (July 3, 1978) establishes that an electronically signed employment contract holds the same evidentiary weight as a paper version, provided the archiving requirements are met.

2. Conditions for Digital Signing

When digitally signing temporary employment contracts, the following conditions must be met:

• A Qualified Electronic Signature as defined in the eIDAS Regulation must be used.

• Both parties (temporary worker and the agency/employer) must be able to access the agreement electronically.

• The signature must ensure the authenticity of the signer and the integrity of the document.

These conditions ensure that the electronic signature is legally valid and holds the same evidentiary power as a traditional handwritten signature.

3. Conditions for Digital Archiving

Article 8, §4 of the Act of July 24, 1987, specifies how electronically signed temporary employment contracts should be archived:

• Archiving Location:
  The contract can be archived either by an electronic archiving service provider or by the agency itself, provided it operates such a service at its own expense.
• Archiving Service:
  According to the Code of Economic Law Article I.18, 17° and 18°, this refers to a (qualified) electronic archiving service that guarantees integrity, authenticity, durability, and accessibility.
• Access for the Temporary Worker:
  The worker must have permanent access to their documents.
• Free of Charge:
  The worker must be able to access their contracts for free.
• Retention Period:
  Contracts must remain accessible for at least five years after the end of the agreement.

4. The Misconception: An Exception for the Temporary Employment Sector

It is often assumed that temporary employment agencies are subject to less stringent rules regarding archiving. This is not true. Although the law allows agencies to organize their archiving internally, it explicitly refers to the definitions and quality standards outlined in the Code of Economic Law. Internal archiving systems must also comply with the requirements for qualified electronic archiving.

The exception is limited to the possibility of archiving internally, but it does not mean that less stringent rules apply.

5. A Second Misconception: Archiving Is (Not Yet) Mandatory

Some people refer to the absence of a Royal Decree or the tolerance policy of the FPS ELSD (FPS Employment, Labour and Social Dialogue) to argue that archiving in a Qualified Electronic Archive (QeA) is not yet mandatory. While the obligation to use a QeA has not been strictly enforced, this does not mean that electronically signed contracts without qualified archiving offer the same legal security.

The current tolerance scheme does not provide absolute legal protection – it merely prevents formal penalties for not using a QeA. For the evidentiary value of a contract, you must still be able to demonstrate that the integrity and authenticity are guaranteed. A QeA provides this presumption of integrity and ensures that a digitally signed employment contract offers the same legal certainty as a paper contract.

Anyone who signs digital contracts today but does not archive them in accordance with the required quality conditions runs the risk that, in the event of a dispute, their evidential value will be challenged. The lack of enforcement does not change this legal reality.

6. Evidentiary Value and Risks

An electronically signed employment contract retains its evidentiary value only if it is correctly archived. If this is not done:

• • The evidentiary value of the contract may be undermined.

  • The worker may challenge the validity of the contract.

  • The social inspection (FPS ELSD) may determine that legal requirements have not been met, leading to potential penalties.

  • There is a risk of reputational damage or collective claims in the case of systematic violations.

Conclusion

Digital signing of temporary employment contracts is fully legally valid, provided it is done with a Qualified Electronic Signature. Archiving is a crucial next step: whether done internally or externally, the standards of the Code of Economic Law must be strictly followed. Do not be misled by the lack of formal enforcement: only by archiving in compliance with the quality standards of qualified electronic archiving can digitally signed contracts retain their legal validity and evidentiary value.

Sources:

• Act of July 24, 1987, regarding temporary agency work, Article 8 §4 (amended by the Act of August 30, 2016, Belgian Official Gazette, September 28, 2016).
• Employment Contracts Act of July 3, 1978, Article 3bis.
• Code of Economic Law, Article I.18, 17° and 18°.
• Regulation (EU) No. 910/2014 (eIDAS).