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Q&A about Electronic Labor Contract

Answer
In order to boost the people's livelihood work such as returning to work and reaching production capacity, the Municipal Bureau of Human Resources and social security has implemented the electronic management of labor contract, encouraging and supporting enterprises to recruit online and sign electronic labor contracts online. This Q&A is prepared to answer the relevant questions about electronic labor contract for the reference of Kaizen customers.

Q: What is electronic labor contract?
A: In essence, electronic labor contract is also a written labor contract. Compared with paper labor contract, it only adopts the electronic form to sign. Through electronic signature technology, the identity of the signing subject 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.

Q:
What are the benefits of electronic labor contract?
A:
It is understood that the implementation of e-labor contract will help employers reduce costs and increase and improve the efficiency of human resource management. Taking Jing Dong group as an example, after the trial implementation of electronic labor contract, compared with the signing of paper labor contract, it can save economic and time costs such as material procurement, printing consumables, binding, mailing, daily file management, etc. Only in Beijing, the cost can be reduced by 60%, five procedures can be reduced, and the efficiency can be improved by more than 65%.
At the same time, the implementation of electronic labor contract is also conducive to promoting the construction of digital government, improving the efficiency of government management and service level, and realizing the new mode of labor and employment management.

Q:
What is the scope of application of electronic labor contract?
A:
The electronic labor contract is applicable to the employers and their employees and the third-party electronic labor contract signing service institutions registered in Beijing.

Q:
What should we pay attention to when we conclude the electronic labor contract?
A:
If the employer and the employee reach an agreement through consultation, they can conclude, renew, change, terminate the labor contract in electronic form; use the data message and reliable electronic signature that can be regarded as written form in accordance with relevant provisions; the content of electronic labor contract shall meet the requirements of "Labor law of the people's Republic of China" "Labor contract law of the people's Republic of China" and other laws and regulations. The provisions and contents of the contract shall comply with laws, regulations and relevant policies; the generation, transmission and storage of electronic labor contract shall meet the requirements of laws and regulations such as the "Electronic signature law" to ensure its integrity, accuracy and no tampering.

Q:
If I signed an e-labor contract, will it be rejected when handling social insurance?
A:
No. When handling the service of human resources and social security government affairs, the relevant institutions and departments shall not deny the legal effect of the e-labor contract on the ground that the electronic form is not a written contract. If the system of notification and commitment has been adopted for the service of human resources and social security, the employer or laborer shall submit the electronic labor contract according to the relevant procedures.

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