Can I use an electronic version of my employment contract?

An employment contract can be in the form of an electronic contract.

As long as all parties to the contract have undergone real-name authentication and are reliable electronic signatures recognized in accordance with the Electronic Signature Law, the electronic contract will have the same legal effect as the handwritten signature of a paper contract.

Generally, the electronic contracts signed by the third-party electronic contract platform are safe, legal and valid.

According to Article 10 of the Labor Contract Law of the People's Republic of China, a written labor contract shall be concluded to establish an employment relationship. Article 11 of China's Contract Law clearly stipulates that "written form refers to the form in which the contents of the contract, letter and data message (including telegram, telex, fax, electronic data interchange and e-mail) can be tangibly expressed.

The above-mentioned provisions of the Contract Law essentially give electronic contracts the same legal effect as traditional contracts. The Labor Contract Law and the Contract Law are the relationship between the special law and the common law, and the provisions of the common law shall apply in the absence of provisions in the special law. If the contract in electronic form has the same legal effect as a traditional paper contract, the employment contract in the electronic version of the data should also have the same legal effect as the traditional paper labor contract.

In other words, as long as the content of the electronic version of the labor contract complies with the relevant provisions of the Labor Law and the Labor Contract Law, it has the same legal effect as the traditional paper form of the labor contract.

Legal analysis: An employment contract can be an electronic version. After the employer and the employee establish an employment relationship, they need to enter into a written labor contract, and the electronic version of the labor contract is also in written form, but the labor contract must be signed or sealed by the employer and the employee before it can take effect, and both parties need to hold one copy each.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal Analysis: Effective. Unless the employee is employed on a full-time basis, the employment contract signed between the employer and the employee must be in writing.

The data messages that can be expressed in electronic data interchange, e-mail, etc., and can be retrieved at any time for reference, shall be regarded as the written form of the potato elimination code.

Legal basis: Article 469 of the Civil Code of the People's Republic of China: The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.