Sign employment contracts digitally in Germany: form and signature levels

• An employment contract is, in principle, not subject to any formal requirements and may therefore also be concluded electronically.
• In the case of a fixed-term contract, Section 14(4) of the German Fixed-Term Employment Act (TzBfG) requires the contract to be in writing; in this case, a qualified electronic signature (QES) in accordance with eIDAS is sufficient.
• Since 1 January 2025, employers in most sectors have been permitted to fulfil the obligation to provide evidence under the Evidence Act (NachwG) electronically in text form.
• For permanent contracts and supplementary agreements, a simple or advanced electronic signature is often sufficient.

Anyone wishing to sign an employment contract digitally must, above all, answer one question: is the contract fixed-term or permanent? In Germany, the principle of freedom of form applies to permanent contracts. An employment contract can therefore be concluded verbally, in writing or electronically. In the case of a fixed-term contract, however, the law expressly requires the written form. This distinction determines which level of signature must be used in the process.

A permanent employment contract is legally valid even without a signature, provided both parties have agreed on the key terms. In practice, however, companies still require a signature in order to provide verifiable documentation of the agreement regarding salary, job description and ancillary arrangements. For this purpose, an advanced electronic signature is often sufficient, for example on a signotec signature pad in conjunction with PDF signature software such as signoSign/2. By contrast, a stricter requirement applies to agreements on fixed-term contracts: these must be in writing or – where an electronic form is permitted – bear a qualified electronic signature (QES). Vocational training contracts may, under Section 11 of the Vocational Training Act (BBiG), be drawn up in text form and transmitted electronically; a QES is not generally required for this.

Irrespective of the contract itself, the Evidence Act (NachwG) requires employers to set out the essential terms and conditions of employment in writing and to provide a copy to the employee. Under the Fourth Red Tape Reduction Act, a relaxation of this requirement has been in force since 1 January 2025: employers may provide this documentation electronically, provided that it is accessible to the employee, can be saved and printed, and receipt is confirmed. Exceptions apply to sectors with a heightened risk of abuse under Section 2(1) of the NachwG in conjunction with Section 2a(1) of the SchwarzArbG, such as the construction, catering, haulage, building cleaning and meat processing industries – in these sectors, the paper format remains mandatory. Companies in these sectors should treat the obligation to provide proof separately from the actual signing of the contract.

Section 14(4) of the TzBfG, in conjunction with Section 126 of the BGB, requires the fixed-term clause itself to be in writing. Under Section 126a of the BGB, the written form may be replaced by electronic form – provided that both contracting parties sign using a qualified electronic signature (QES) in accordance with the eIDAS Regulation. A signature on a signature pad or a scanned signature is not sufficient for this purpose and, in the event of a dispute, may result in the fixed-term clause being invalid and a permanent employment relationship coming into being. Anyone wishing to process fixed-term contracts digitally should therefore consistently rely on QES, for example via a connection to a qualified trust service provider in signoSign/Universal.

In practice, a simple electronic signature is sufficient for ancillary agreements, internal confirmations and acknowledgement of guidelines, as there are no statutory formal requirements for these. Permanent employment contracts, amendment agreements and the documentation required under the Documentation Act, on the other hand, should be signed with an advanced electronic signature so that, in the event of a dispute, the signature can be unequivocally attributed to a specific person. For the agreement on the fixed term of a fixed-term employment contract, however, a QES is required if the statutory written form is to be replaced electronically. For vocational training contracts, the text form is sufficient under Section 11 of the Vocational Training Act (BBiG); a QES is not generally necessary. Other clauses with their own specific formal requirements, such as a post-contractual non-competition clause under Section 74 of the German Commercial Code (HGB), must be assessed on a case-by-case basis. This classification does not replace a legal assessment of individual cases.

For on-site appointments at the HR office, signoSign/2 captures the signature directly on a signotec signature pad and embeds it into the PDF document in a way that allows for biometric verification. For location-independent contract finalisation – for example, when new employees sign their contract from home – signoSign/Universal handles the browser-based remote signature, including integration with a trust service provider for the QES in the case of fixed-term contracts. Both methods can be incorporated into the same approval process, so that HR departments do not have to switch between two systems.

Is a simple electronic signature sufficient for a permanent employment contract?

Yes, legally speaking, a permanent employment contract is not subject to any formal requirements. However, to meet the obligation to provide evidence under the German Employment Evidence Act, it is recommended that at least an advanced electronic signature be used to prove beyond doubt that the signature belongs to the person signing.

What happens if a fixed-term contract is signed electronically using only a simple electronic signature?

If the required qualified electronic signature is missing, the fixed term may be invalid. The employment contract is then deemed to have been concluded for an indefinite period.

Does the relaxation in the Evidence Act apply to all sectors?

No. Sectors with an increased risk of abuse under Section 2(1) of the Proof of Employment Act (NachwG) in conjunction with Section 2a(1) of the Illegal Employment Act (SchwarzArbG), such as the construction and hospitality industries, are exempt and must continue to use paper form.

Does a vocational training contract require a QES?

No. Section 11 of the Vocational Training Act (BBiG) requires the contract to be in writing. In the case of electronic transmission, the recipient must be able to save and print the document; proof of receipt must be provided.

Can a post-contractual non-competition clause be agreed electronically?

Section 74 of the German Commercial Code (HGB) requires the written form and the handover of a document signed by the employer. If the written form is to be replaced by an electronic form and this is permissible in the specific case, the electronic form must comply with Section 126a of the German Civil Code (BGB). This should be checked in advance from an employment law perspective.

Must the employee consent to the electronic proof?

The employer must ensure that the employee is able to receive, save and print the electronic proof, and must obtain confirmation of receipt.

Whether an employment contract may be signed digitally does not depend on a desire to go paperless, but on the type of contract. Permanent contracts can be easily processed electronically, whilst fixed-term contracts must be signed using a qualified electronic signature. With signoSign/2 for on-site signature pad appointments and signoSign/Universal for remote signatures, signotec covers both scenarios within a single workflow. Please contact our team to set up the right signature process for your HR department.