Poland sets the standard in document digitalization

For many years, Polish labour law allows employers to keep employee records in two equivalent forms: paper and electronic. Both forms have the same legal force as long as they are maintained in accordance with certain technical and formal requirements. 

Now, Poland is advancing the implementation of electronic identification and expanding public access to qualified electronic signatures (QES).

Mandatory written form in employment-related documentation

Polish labor law requires a written form for certain types of employee documentation, such as for example:

• an annex to and an employment contract;
• non-competition agreement;
• letter of termination of an employment contract;
• consent to a deduction from remuneration;
• confirmation of knowing OHS' provisions and rules.
• Depending on the document, lack of written form may result, among other things, in penalties (particularly fines), invalidity (lack of legal effect) or other claims raised by an employee. 

An electronic statement is treated as a written statement only when signed with a qualified electronic signature (QES). While employers often use such a signature whenever possible, employees usually do not, as they typically do not have access to a QES.

Widespread electronic signatures

The latest Polish regulations implement key elements of the upcoming eIDAS 2.0 framework, which aims to provide all EU citizens with access to a free electronic identification tool. Anticipating these requirements, Poland has introduced a mechanism allowing individuals to obtain and use a QES free of charge for private purposes. This move brings national solutions in line with European standards and significantly accelerates the transition toward fully digital public and administrative services.

The solution was launched a full year ahead of the deadline set by the European Union.

Under the new rules, every Polish citizen who meets the statutory criteria may, after verification, sign up to five documents per month using QES at no cost. This change represents a major shift in the practical use of electronic documentation: for the first time, employees gain broad and free access to a signature that is legally equivalent to written form. 

As a result, individuals who previously could not use electronic signatures – because they did not own a QES or found it too costly – can now authenticate electronically employment-related and other private documents with full legal effect.

Digital transformation of employment processes 

For many years, Poland has been consistently expanding the use of digital solutions in public administration and employment-related processes. Following the pandemic, Poland introduced regulations allowing a number of employee documents, previously required to be signed in written form, to be submitted in an electronic form, without the need for a QES. 

A few years earlier, paper-based sick leave certificates had already been phased out, with such documents now issued exclusively in electronic form. Now, Poland is working on new legislation that will change the rules for issuing labor law medical check-up certificates – there is a plan that such certificates will also be issued electronically. 

This is certainly not the last step Poland will take in digitalizing employment documentation and administrative processes.

The article was prepared by att. Monika Aniszewska and legal assistant Aleksander Żebrowski from our Polish member firm  Zawirska Ruszczyk.

Do you have questions on this topic or any other employment related question? Our associates would be happy to advise you and support you in all questions that arise.