Electronic contracts in the attack. The expert pays attention to risks

The Ministry of Family, Labor and Social Policy (MRPiPS) is to launch the e-final system. The specific date of its launch, however, was not given due to ongoing tests, however, the implementation of the personnel system is to take place by January 23, 2026 at the latest. This is due to the entry into force of the Act on the ICT system to support certain contracts. As the ministry announced, the system will be available to employers for free.

The labor department introduces an e-final system

– the system is to be used primarily for concluding, changing and terminating employment contracts, mandate contracts and contracts for the provision of services on the terms of the order, when the client or employer is a micro -entrepreneur within the meaning of the Act of Entrepreneurs or an entity that is not a micro -entrepreneur, employing no more than nine people, a farmer within the meaning of the Act on social insurance or a natural person who is not an entrepreneur; And also to conclude activating contracts with the nanny, if one of the parties is a parent – explains Zuzanna Dzierżanowska, a lawyer at Kopeć Zaborowski in an interview with “Wprost”.

As the expert explains, contracts are to be signed with a qualified, personal or trusted signature, with a personal or trusted signature that has an equivalent hand signature.

– However, not all employees, in particular people looking for the first job or foreigners, have any of the signatures listed, which may be associated with the need to obtain it – notes Mec Dzierżanowska.

The system is also to enable the calculation of holiday leave, keeping, storing and providing access to employee documentation and documentation of civil law contracts, issuing job certificates, calculating tax receivables, providing information to the Tax Office with collected advances on income tax, as well as sending insurance data to ZUS.

Expert: “The introduction of e-arms carries risks”

According to the lawyer, the introduction of e-arms is associated with some dangers.

– First of all, it is not clear who will manage the system at the central level and to what extent other people will be involved. It should be emphasized that at the plant level, the employer or client will enter the data into the system, and the parties to the contract will be responsible for the correctness of the information entered to the extent to which they entered it. Secondly, the system is to allow access to documents and their archiving, which requires training the person responsible for its functioning in the plant. The documents must be properly secured, especially due to the protection of personal data and remuneration information – believes Zuzanna Dzierżanowska.

In addition, access to the system will be possible after logging into an individual account on the website www.praca.gov.pl or www.biznes.gov.pl using a trusted profile or qualified electronic signature.

– This means that to use the system, users must have a trusted profile or a valid qualified signature – he states.

Subsequent views of the e-final system

As the lawyer notes, the list of legislative and program works of the Council of Ministers already includes the assumptions of another draft amendment to the Act, whose adoption by the Council of Ministers is scheduled for the second or third quarter of 2025.

– The system is to be extended, among others, by withdrawing from the obligation to handle the contract in the system throughout its duration, expanding the catalog of data obtained and transmitted by the system – for example, ZUS is to transfer data on sick leave – as well as enabling the conclusion of contracts by anyone interested. It is also planned to introduce the possibility of servicing in the system of volunteering and documents such as non -competition agreements, training agreements or material co -responsibility agreements. In addition, the function of confirming the employee’s presence and reporting the start of remote work is provided – says Moc. Dzierżanowska.

He adds that ministerial work on e-floors is a step towards full digitization of staffing processes in Poland

– Although the initiative brings benefits, it also requires preparation on the part of interested employers – sums up the lawyer.