How can I organize a legal conform workflow for digital signatures regarding employment contracts and additionally take care of the Nachweisgesetz? Jurisdiction Germany.

Question from Tester, How can I organize a legal conform workflow for digital signatures regarding employment contracts and additionally take care of the Nachweisgesetz? Jurisdiction Germany.

Answer from AI:

Organizing a legally compliant workflow for digital signatures on employment contracts in Germany involves understanding and adhering to specific legal requirements. Additionally, compliance with the Nachweisgesetz (Proof of Employment Act) is crucial. Below is a step-by-step guide to help you navigate this process.

Understanding Digital Signatures in Germany

In Germany, digital signatures are regulated by the eIDAS Regulation (EU) No 910/2014, which provides a framework for electronic identification and trust services. There are three types of electronic signatures:

• Simple Electronic Signature (SES): Basic level, not legally binding for employment contracts.
• Advanced Electronic Signature (AES): More secure, but still not sufficient for employment contracts.
• Qualified Electronic Signature (QES): Highest level of security, legally equivalent to a handwritten signature.

For employment contracts, a Qualified Electronic Signature (QES) is required to ensure legal validity.

Steps to Implement a Legal Workflow for Digital Signatures

1. Choose a Qualified Trust Service Provider (QTSP): Select a provider that offers QES. The provider must be recognized under the eIDAS Regulation. Examples include D-Trust, Bundesdruckerei, and others.
2. Employee Identification: Ensure that employees are properly identified and authenticated before issuing a QES. This often involves a face-to-face identification process or video identification.
3. Implement Digital Signature Software: Use software that supports QES and integrates with your HR systems. Examples include Adobe Sign, DocuSign, and others.
4. Training and Awareness: Train HR staff and employees on how to use the digital signature system and the importance of QES for legal compliance.
5. Document Storage and Security: Ensure that signed documents are securely stored and easily retrievable. Use encrypted storage solutions to protect sensitive information.

Compliance with the Nachweisgesetz

The Nachweisgesetz (Proof of Employment Act) requires employers to provide employees with written documentation of the essential terms of their employment. This includes:

• Names and addresses of the employer and employee
• Start date of employment
• Job description and place of work
• Working hours and breaks
• Salary and payment intervals
• Annual leave entitlement
• Notice periods for termination

Steps to Ensure Compliance

1. Prepare Comprehensive Employment Contracts: Ensure that all required information is included in the employment contract.
2. Provide Written Documentation: Even if using digital signatures, provide a written copy of the employment contract to the employee. This can be done electronically if the employee consents.
3. Maintain Records: Keep records of all employment contracts and any changes made to them. Ensure these records are easily accessible for both the employer and employee.

When to Seek Legal Advice

While this guide provides a general overview, it is essential to consult with a legal professional to ensure full compliance with German laws and regulations. Legal advice is particularly important when:

• Implementing new digital signature systems
• Drafting or modifying employment contracts
• Handling disputes related to employment contracts

For more detailed information, you can refer to the [eIDAS Regulation](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014R0910) and the [Nachweisgesetz](https://www.gesetze-im-internet.de/nachwg/BJNR006610961.html).

By following these steps and seeking appropriate legal counsel, you can create a legally compliant workflow for digital signatures on employment contracts while adhering to the requirements of the Nachweisgesetz.