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More and more companies are having their employment contracts signed electronically. The process is smooth, paperless, and fully digital.
(See the end of this article for a breakdown of the benefits of digital signing.)
But beneath this simplicity lies a legal framework that’s stricter than many HR professionals realize. Especially when it comes to employment contracts, the law imposes precise requirements that—if not met—can lead to the contract being invalid or unenforceable. This article walks you through the legal obligations, why employment contracts deserve special attention, and how to ensure your process is fully compliant.
1. Why Are Employment Contracts So Vulnerable to Legal Disputes?
Employment contracts are subject to mandatory form requirements: they must be in writing and signed within a strict timeframe (usually within 2 working days after employment begins). If a valid contract is missing, the law assumes a permanent contract without a trial period or special conditions.
If the contract is disputed later (e.g., a worker claims a different job role or higher pay), it’s the employer’s responsibility to prove the original agreement. That’s why how the contract is signed and stored is absolutely critical.
2. Legal Framework: What Applies Today?
The current rules are based on:
- Belgian Law of June 3, 2007:
Introduced digital signing of employment contracts under strict conditions. - EU eIDAS Regulation:
Defines types of electronic signatures and trusted services. - Royal Decrees and FOD WASO Guidelines:
Explain how these laws should be practically implemented.
3. What Are the Specific Legal Requirements?
Signing: Use a Qualified Electronic Signature (QES)
Employment contracts must be signed using a Qualified Electronic Signature. In Belgium, this usually involves:
- Using an eID card reader
- Or another certified tool that meets EU standards
A basic digital signature (e.g., tapping a button or scribbling on a tablet) isn’t illegal—but it carries no automatic legal validity. If challenged, the employer must prove:
- The correct person signed the contract
- They agreed to the content
- The document hasn’t been altered
That’s a tough case to win.
Archiving: Use a Qualified Electronic Archiving Service
The law requires that digitally signed employment contracts:
- Must be stored by a qualified electronic archiving service (per eIDAS and Belgian law)
- Must remain accessible for at least five years after contract end
- Must be freely and permanently available to the employee
- Must trigger a reminder 3 months before expiration
- Must allow the document to be transferred to SIGeDIS
Important: Only a qualified archiving provider (like Docbyte in Belgium) is legally compliant. A SharePoint folder or HR platform doesn’t meet the standard.
4. Why Is Archiving So Crucial?
The evidentiary value of a digital contract doesn’t just depend on the signature—it hinges on preserving the document’s integrity over time. A contract that’s legally valid today may become worthless tomorrow if:
- The PDF is altered or corrupted
- The signing certificate expires
- There’s no proof of who signed and when
- The signature provider’s infrastructure is lost
A qualified archiving provider ensures:
- Hashing and timestamping (to prove immutability)
- Regular renewal of legal validity (when certificates expire)
- Legal traceability (who did what and when)
- A legally recognized burden of proof
Without this, your contract may collapse in court.
5. What If You Don’t Follow These Rules?
If the signature isn’t qualified or the document isn’t archived properly:
- Government inspectors may impose fines
- Employees may challenge the contract’s existence or content
- The contract may be reclassified as an oral agreement for indefinite duration
- In case of disputes, the contract loses its presumption of validity
In short: your digital contract becomes legally useless.
6. Legal Checklist for a Valid Digital Employment Contract
| Step | Requirement |
| 1. Signing | Use QES via eID or itsme |
| 2. Archiving | Partner with a legally recognized archiving service |
| 3. Accessibility | Ensure employees can access it free for 5+ years post-employment |
| 4. Reminder | Send a registered reminder 3 months before contract expiration |
| 5. Company Policy | Mention provider + access method in internal HR policies |
| 6. Internal Process | Document and test the entire process internally |
7. Conclusion
Digitally signing employment contracts is perfectly legal—but only if done correctly. The law grants strong legal protection only if you use both a qualified signature and a qualified archiving solution. Skip one, and your HR department could face costly consequences.
So don’t wait—opt for a fully compliant system today. It’s your safest bet to protect your business in case of audits, disputes, or regulatory checks.
Bonus: Why Digitally Signing Contracts Is a Smart Move
Besides legal compliance, digital signatures come with major HR advantages:
A. Speed & Efficiency
No waiting for physical appointments or snail mail delays. Candidates can sign the same day, speeding up onboarding and staying within legal deadlines.
B. Better Tracking
You always know which documents are signed and which aren’t. Set auto-reminders. No more administrative chaos.
C. Integrated Workflows
Connect digital signing directly with HR software or email systems. Automate archiving too. Fewer manual steps = fewer mistakes.
D. Cost Savings
No more paper, printing, shipping, or storage. And your HR team saves serious time.
E. Employee-Friendly
Candidates enjoy a seamless signing experience. It boosts your company’s modern image.
F. Eco-Friendly
No prints. No deliveries. No storage. A smaller carbon footprint and a greener HR policy.
Digital signing isn’t just about compliance—it’s an opportunity to modernize and streamline your entire HR process. But remember: if the legal foundations (signature + archiving) aren’t solid, all these perks vanish into thin air.
