The Ministry of Human Resources and Social Security issued guidelines for the conclusion of electronic labor contracts, which workers can view at any time.

　　(Reporter Dan-qing Li) In order to guide employers and workers to conclude electronic labor contracts in accordance with the law, the Ministry of Human Resources and Social Security recently organized and compiled the Guidelines for the conclusion of electronic labor contracts, which clarified that employers and workers should conclude electronic labor contracts through the electronic labor contract conclusion platform, so as to ensure that workers can view, download and print the complete contents of electronic labor contracts at any time with common equipment, and no fees can be charged to workers.

　　The guidelines are clear. An electronic labor contract refers to a labor contract concluded by an employer and an employee with a reliable electronic signature in accordance with the provisions of the Labor Contract Law, the Civil Code, the Electronic Signature Law and other laws and regulations through consultation, with data messages that can be regarded as written forms as the carrier.

　　The relevant person in charge of the Ministry of Human Resources and Social Security said that the electronic labor contract conclusion platform should provide services such as labor contract conclusion, retrieval and storage through modern information technology means, and have the capabilities of identity authentication, electronic signature, will confirmation and data security protection to meet the requirements of truthfulness, completeness, accuracy, non-tampering and traceability.

　　According to the guidelines, employers should prompt workers to download and save the text of electronic labor contracts in time, inform them of the methods of viewing and downloading electronic labor contracts, and provide necessary guidance and help. An electronic labor contract shall take effect after the employer and the employee sign a reliable electronic signature, and shall be accompanied by a credible time stamp. At the same time, the storage period of electronic labor contracts should conform to the provisions of the Labor Contract Law on the storage period of labor contracts.

　　It is noteworthy that the guidelines encourage employers and workers to use the model text of labor contracts issued by the government to conclude electronic labor contracts. If the labor contract does not contain the necessary clauses of the labor contract stipulated in the Labor Contract Law, or the contents violate the provisions of laws and regulations, the employer shall bear corresponding legal responsibilities according to law.

　　After the conclusion of the electronic labor contract, the employer shall notify the employee that the electronic labor contract has been concluded by means of SMS, WeChat, email or APP information prompt. If the laborer needs a paper version of the electronic labor contract, the employer should provide at least one free copy, and prove that it is consistent with the original data message by means of stamping.

　　"The electronic labor contract conclusion platform should retain the evidence of the whole process of concluding and managing electronic labor contracts, including identity authentication, willingness to sign, electronic signature, etc., to ensure the integrity of the electronic evidence chain and ensure that relevant information can be queried and called, so as to facilitate employers, workers and institutions authorized by laws and regulations to query and extract electronic data." The person in charge said.

　　In addition, in order to ensure information security, it is clear that the electronic labor contract conclusion platform should establish and improve the electronic labor contract information protection system, and it is not allowed to illegally collect, use, process, transmit, provide or disclose electronic labor contract information. Without the consent of the information subject or the authorization of laws and regulations, the electronic labor contract conclusion platform shall not illegally provide services such as consulting and retrieving electronic labor contracts to others.