Remote signing of contracts – what does the law say in 2024?
In 2024, the law doesn't bite those who want to sign a contract via tablet. Most business owners in Krakow still think that every employment contract must go through a courier's hands. This is a mistake that costs an average of 147 zlotys for every new employee, considering HR time and shipping costs.
Document form versus written form – what is this about?
Most entrepreneurs we talk to at Wawel Solutions Group are afraid of a Labor Inspectorate audit. They think that without a pen and paper, a contract is invalid. However, since January 2024, the regulations are clear. The Civil Code allows for the so-called documentary form. This means a carrier that allows determining who made the statement is enough. It can be a scan, an e-mail message, or even a document approval in an HR system used by 43 of our regular logistics clients. You don't need a qualified electronic signature for several hundred zlotys to hire a warehouse worker or a driver.
Recently, we helped a company from Podgórze employing 67 people. Switching to documentary form shortened onboarding time from 5 days to just 3.2 hours. Previously, the HR manager, Mrs. Grażyna, had to wait for the candidate to come to the office or send a registered letter back. Now she sends a link, and the candidate clicks 'I accept' on their smartphone during breakfast. It simply has to work every day, without unnecessary binders and running to the post office right before the window closes at 6:00 PM.
It is worth remembering one detail from the Labor Code. An employment contract signed electronically is fully legal, provided both parties have access to it in PDF format. In 2024, labor courts no longer make problems out of this. We have seen 11 different audit protocols in small trade companies, and no inspector questioned a remote signature if the system recorded the IP number and the exact time of the click to the second.
Documentary form is not magic; it is simply proof that someone consciously clicked a button at a specific time.
When is a simple click not enough?
Although the law is getting simpler, there are 3 situations where a standard HR system is not enough. These concern documents requiring a written form under penalty of nullity, such as contracts for the transfer of proprietary copyrights in IT projects. Then a qualified electronic signature is needed. For an average construction or trade company from around Krakow, such documents constitute less than 7% of the entire year. Everything else, such as vacation requests, pay addenda, or certificates, can boldly go the digital route without any additional fees.
Our team from Wawel Solutions Group checked this on the example of an accounting office serving 83 business entities. Introducing simple digital signatures instead of paper allowed them to reclaim 19 square meters of office space previously filled with armored cabinets. Instead of paying rent for keeping paper, they rented that space to a new employee. These are real numbers that stay in the boss's wallet at the end of the month, not just empty promises.
We often hear the question: 'What if someone says it wasn't them who signed?'. The systems we implement use two-step verification. It's exactly what you do when logging into your PKO or mBank bank account. The candidate gets an SMS code on their private number. Entering this code is stronger evidence in court than a blurry signature on paper that someone can try to forge. We count facts, and the facts are that since 2019, we haven't had a single case of a successful challenge to such a signature among our clients.
Instead of paying rent to keep paper in cabinets, it's better to put a desk for a new salesperson there.
Savings you can see in the HR person's wallet
Let's look at costs. One registered letter costs about 8.50 PLN. Added to that is the envelope, paper, toner in the printer, and the employee's time to prepare and take it all to the post office. On average, one contract generates 24 zlotys in 'hidden' costs. If you hire 47 people a year, you lose over 1100 zlotys on stamps and paper alone. Implementation of digital flow at Wawel Solutions Group usually pays for itself after signing the first 156 documents. That's about half a year's work for a medium-sized workshop or warehouse.
Last year, one of our clients, an owner of 4 cafes, had to urgently sign addenda changing hourly rates for 31 employees. In the old model, it took him 2 weeks of driving between locations. In the new system, he sent everything out on Monday at 9:14 AM, and the last signature came in on Tuesday at 2:30 PM. He saved 12 hours of work and quite a bit of fuel. Less clicking, more work on what really makes money, which in his case was brewing coffee.
Heads-up: Don't let yourself be talk into expensive systems for thousands of zlotys a month. For a small company from Lesser Poland, a simple solution that integrates with what you already have is enough. We don't like corporate talk and complicated implementations. We launch our systems within 7 to 11 business days. After this time, the HR lady forgets where she kept the stapler, because she simply doesn't need it anymore.
How to start and not go crazy?
The first step is not buying expensive software, but an audit of what you already have. Many companies in Krakow already have Office 365 packages, which contain tools for simple document approval. We help configure them so they comply with Polish labor law. No need to reinvent the wheel. It's enough to add the appropriate clause to the work regulations, which takes about 45 minutes during our first consultation. Without unnecessary fluff, we set up the process and train the team in one afternoon.
Honestly, not every company is ready for 99.3% digitization right away. We always advise starting with vacation requests or circulation forms. These are the least risky documents. Once the team sees they don't have to run to the office for the boss's signature, they will start asking for more themselves. In the transport company we've worked with for 3 years, the drivers themselves fought for the transition to digital mission settlements because they were tired of keeping crumpled papers in truck cabs.
Finally, it's worth mentioning storage. A digital document doesn't fade, won't get spilled on with coffee, and won't get lost during an office move to the other side of the Vistula. We make automatic backups on two independent servers. Thanks to this, the boss sleeps soundly, knowing that each of the 412 contracts he has collected over the last years is safe and available in 3 seconds after typing the employee's name into the search bar. It simply has to work every day.
Start with vacations. Once people see that it works, they will throw the paper requests into the trash themselves.
