Chinanews.com, Beijing, November 2 (Reporter Du Yan) In order to promote the convenience of people and enterprises, the Beijing Municipal Human Resources and Social Security Bureau stated today that it has publicly issued the "Implementation Opinions on Promoting Electronic Labor Contract Work" (hereinafter referred to as " Opinions), which indicates that paper labor contracts will gradually enter a new era of electronicization. It is a milestone in the construction of labor contract systems. It is an important system innovation and will play a leading role in the country.
Have the same legal effect as paper labor contracts
At the beginning of this year, in order to do a good job in fighting the epidemic, and to promote the resumption of work and production, and employment of workers, the Beijing Municipal Human Resources and Social Security Bureau promoted the electronic management of labor contracts, encouraging and supporting companies to recruit online and sign electronic contracts online. Labor Contract.
Upon request, the legal validity of the electronic labor contract has been recognized by the Ministry of Human Resources and Social Security.
An electronic labor contract is essentially a written labor contract. Compared with a paper labor contract, it is only signed in an electronic form, and electronic signature technology is used to ensure that the identity of the signatory is true and the content of the signature cannot be tampered with.
According to the "Electronic Signature Law", a reliable electronic signature has the same legal effect as a handwritten signature or seal.
It is understood that the implementation of electronic labor contracts will help employers reduce costs and increase efficiency, and improve the efficiency of human resource management.
At the same time, the implementation of electronic labor contracts is also conducive to promoting the construction of digital government, improving government management efficiency and service levels, and realizing a new model of labor management.
With the official announcement of the overall plan for the Beijing Free Trade Zone, the promotion of electronic labor contracts is also conducive to promoting the development of new business models and models of the digital economy in the Beijing Free Trade Zone, and promoting the transformation and upgrading of the human resource service industry.
Ensure completeness, accuracy, and not be tampered with
On the basis of comprehensive research, full demonstration and multi-party opinions, the Beijing Municipal Human Resources and Social Security Bureau formulated the "Opinions", which mainly solves the problems of how to sign, how to use, and how to manage electronic labor contracts.
The "Opinions" highlight services to optimize the business environment, facilitate the benefit of enterprises, stimulate the vitality of market entities, and encourage and support employers and third parties to sign service agencies to implement electronic labor contracts.
The "Opinions" make it clear that the employer and the worker reach an agreement through consultation and can conclude a written labor contract in electronic form.
In concluding an electronic labor contract, data messages and reliable electronic signatures in written form that comply with the provisions of the Electronic Signature Law shall be used.
The generation, transmission, and storage of electronic labor contracts shall comply with the "Electronic Signature Law" and other laws and regulations to ensure that they are complete, accurate, and not tampered with, and are managed through the electronic labor contract signing information system.
The employer can use the signing system provided by the third-party signing service agency or adopt the self-built and self-used signing system model.
Gradually increase the scale of scene application
Beijing will promote the sharing and application of electronic labor contracts in labor dispute arbitration, social insurance auditing, labor security supervision and law enforcement and other human resources and social security fields, gradually extending it to all municipal services, judicial and administrative law enforcement fields, and gradually expanding to Beijing and Tianjin The field of cooperation in labor relations.
The "Opinions" also put forward specific requirements or clarified identification standards for different scenarios.
The "Opinions" also clarified that in the management of electronic labor contracts, it will reflect the implementation of the reform requirements of "decentralization, regulation and service", adopt government standards, clarify relevant conditions and qualifications, strengthen post-event supervision, optimize services, and strengthen industry self-discipline.
Employers that implement electronic labor contracts will be included in the scope of the labor contract statistical report survey, and through various flexible methods such as surveys and training, they can grasp the relevant situation in a timely manner and integrate management into services.
At the same time, it will actively play the role of industry organizations and urge and guide third-party signatories to fulfill their integrity obligations through the establishment of integrity alliances and other methods to promote the healthy development of the industry.
In the next step, the Beijing Municipal Human Resources and Social Security Bureau will explore the use of new technologies such as the Internet and blockchain in accordance with the principles of market-oriented operation and government-guided services to form a labor of "online contracting, chain management, and big data application" The new model of electronic contract application management promotes the full application of electronic labor contracts in government service matters, and gradually increases the scale of scene application.
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