How to use electronic contracts in human resources?

Let's talk about the problem first: with the popularization and development of the Internet, the employment needs of enterprises show the characteristics of phased, temporary, batch, etc., at the same time, enterprises are also facing a large number of contract signing, entry and resignation procedures pressure, especially the human resources industry and large enterprises, will involve the signing of many contract documents, including labor contracts, confidentiality agreements, salary forms, resignation documents, etc., traditional paper contract signing has been unable to meet the rapid development of the industry under the new situation of contract signing needs.

Let's talk about the reality: HR can use electronic contracts in terms of entry procedures, entry and resignation checklists, salary distribution and signatures, contract agreements, employee handbooks, confidentiality agreements, and resignation certificates.

Finally, let's take an example: many human resources companies now choose to cooperate with third-party electronic contract platforms to introduce electronic contracts. Regarding the electronic contract platform, it is recommended that you choose an authoritative and reliable platform such as Zhongxin.

The Labor Law stipulates that the labor contract shall be based on:In writing(1) The term of the labor contract; (2) The content of the work; (3) Labor protection and working conditions; (4) Labor remuneration; (5) Labor discipline; (6) the conditions for the termination of the labor contract; (7) Liability for breach of labor contract.

In addition to the necessary clauses provided for in the preceding paragraph, the parties may negotiate and agree on other contents of the labor contract.

Article 10 of the Labor Contract Law of the People's Republic of China A written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Both the commencement date of the contract and the probationary period shall be counted from the date of employment.

Electronic contracts are paperless, which is illegal and is not recommended.

Above, good luck.

HR e-Contract Solution:

Provide OA, HR, ERP, CRM, PM and other management software integration solutions.

There are many enterprises using OA, ERP, CRM and other systems, and they can sign electronic contracts with confidence and connect to enterprise management software through standard interfaces to provide enterprises with unified management and control services for electronic signing and seals. In the existing business management system software such as OA ERP CRM of the enterprise, the interface of assured signing is called to integrate the unified management platform of electronic signing and seal of the privatization of the enterprise. In the business management system, the circulation authorization of various types of printing is carried out according to the original process, and the electronic signing can be carried out directly after the authorization is completed.

Contract template functionality.

The template can be used directly for contract initiation (selecting a person, online the contract template in a set area). After the contract template function, HR only needs to enter the information of each employee with one click, and then generate different personnel contracts with one click.

Remotely authorize subsidiaries to use the headquarters seal.

Facilitate the organization and management of the seal of the subsidiary company or the resident organization; As long as it is authorized by the headquarters, it can print out the legally effective stamped documents in other places, which is more timely and convenient, and there is no need to send the documents for the purpose of using the seal; Moreover, it can centrally manage the seals of subordinate units to avoid abuse, theft and fraudulent use of the seals of subordinate units, and protect the security of the organization's seals.

1. How to sign an electronic labor contract.

1. The method of signing the electronic labor contract is as follows:

1) The original data message, which can reliably maintain the integrity of the content;

2) Electronic signature, which can identify the signatory and signing time, is tamper-proof, and meets the requirements of valid electronic signatures stipulated by law;

3) The identity has been validly authenticated by a third party and meets the authentication requirements stipulated by law.

2. Legal basis: Article 16 of the Labor Contract Law of the People's Republic of China.

Effectiveness of the Labor Contract] The labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed on the text of the labor contract by the employer and the employee.

The employer and the employee shall each hold one copy of the labor contract.

Article 17. The content of the labor contract] The labor contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer;

2) The worker's name, address, and resident ID card or other valid identification number;

3) The term of the labor contract;

4) The content of the work and the place of work;

5) Working hours, rest and vacation;

6) Labor remuneration;

7) Social insurance;

8) Labor protection, working conditions and protection against occupational hazards;

9) Other matters that shall be included in the labor contract as stipulated by laws and regulations.

In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

2. How to terminate the labor contract.

The method of terminating an employment contract is as follows:

1. The worker is sick or injured in the line of duty, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the employer;

2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

3. There is a major change in the objective circumstances on which the labor contract of the enterprise is based, resulting in the inability to perform the original contract, and the two parties cannot reach this agreement on the modification of the contract through negotiation.

An electronic labor contract is a contract signed between an employer and an employee, and once the electronic labor contract is concluded, it has legal effect, and the employer and the employee shall fully perform their respective obligations in accordance with the provisions of the electronic labor contract. When a labor contract is concluded in electronic form, data messages and reliable electronic signatures that comply with the provisions of the Electronic Signature Law and other laws and regulations shall be used to treat the manuscript as written. Employers shall ensure that the generation, transmission, and storage of electronic employment contracts meet the requirements of laws and regulations such as the Electronic Signature Law, and ensure that they are complete, accurate, and not tampered with.

Legal basis: The letter of the General Office of the Ministry of Human Resources and Social Security on the issue of omission of matching in the conclusion of electronic labor contracts stipulates:

If the employer and the employee reach an agreement through consultation, they may conclude a written labor contract in electronic form. When a labor contract is concluded in electronic form, data messages and reliable electronic signatures that can be regarded as written form in accordance with the provisions of the Electronic Signature Law and other laws and regulations shall be used. The employer shall ensure that the generation, transmission and storage of the electronic employment contract meet the requirements of the Electronic Signature Law and other laws and regulations, and ensure that it is complete, accurate and not tampered with.

An electronic employment contract that complies with the provisions of the Labor Contract Law and the above requirements shall have legal effect immediately upon being concluded, and the employer and the employee shall fully perform their respective obligations in accordance with the provisions of the electronic employment contract.

The process of signing an electronic employment contract is the same as that of other electronic documents.

Now there are many third-party electronic contract service providers on the market, and the signing of electronic contracts can be completed online soon through cloud platform registration (cloud platform services can be used only by registering and logging in, without the need for plug-ins and the purchase of any hardware).

Steps to conclude an electronic contract:

Step 1: Choose a reliable third-party platform, register and authenticate (it is important to prove that you are who you are in the online environment). Generally, you can make your electronic signature and the company's electronic official seal through the platform.

Step 2: Upload the documents that need to be signed, fill in the customer's name and mobile phone number and send them (the signing order of both parties can be customized).

Due to the cumbersome and costly process of ordinary individual or enterprise users to achieve the above conditions, which is contrary to the original intention of electronic signing to speed up and reduce costs, ordinary users only need to choose a reliable third-party electronic contract ordering system to sign a valid electronic contract. This is also in line with the provisions of the Ministry of Commerce in the "Specification for the Process of Forming Electronic Contracts**": "Only by entering into an electronic contract through the electronic contract formation system of a third party (electronic contract service provider) can the fairness and clarity of the process and the validity of the results be guaranteed".

Therefore, electronic contracts signed through formal third-party electronic contract platforms are legal and valid.