When hiring an employee in Poland, one important part of the onboarding process is making sure the employment contract is signed correctly.
Under the Polish Labour Code, an employment contract must be concluded in written form.
In practical terms, this means the employment contract must be signed either with a handwritten signature (wet ink) or with a Qualified Electronic Signature (QES).
For employers managing international or remote employees, understanding the difference is important.
1. Wet Ink: The Traditional Option
The employer and employee print the employment contract and sign it by hand. This is known as a “wet ink” signature.
Once both parties have signed the contract, the written-form requirement is met.
The downside is simply practicality. If the employer and employee are in different countries or cities, getting physical copies signed and exchanged can take time.
For international employers, an electronic option can make onboarding much easier.
2. Qualified Electronic Signature: The Digital Option
The second option is a Qualified Electronic Signature (QES), which allows an employment contract to be signed electronically while satisfying the written-form requirement. Under Article 78 of the Polish Civil Code and the EU’s eIDAS Regulation, a statement signed with a QES has the same legal effect as one signed by hand.
In practical terms, both wet-ink signatures and QES satisfy the written-form requirement.
It is important to know that not every electronic signature is a QES.
Typing a name, inserting an image of a signature, clicking a signature button, or using a signing tool that does not provide a QES will not automatically satisfy the requirements for a Polish employment contract.
A QES is more than an electronic image of a handwritten signature. It is an electronic signature that meets the requirements of the EU’s eIDAS Regulation and is supported by a qualified certificate issued by a qualified trust service provider.
The certificate links the signature to the signatory’s identity, enabling verification of both the signer and the document’s integrity. This verification confirms that the document has not been altered after signing and gives the QES its distinct legal status.
An important distinction should be made between an e-signing platform and a Qualified Electronic Signature.
An e-signing platform may provide different levels or types of electronic signature; however, the fact that a document was signed through a well-known platform does not mean the signature is qualified.
To obtain a QES, the employee or employer needs to use a qualified trust service provider. These providers offer qualified electronic signature services and are recognised through the EU's trusted-list system.
In Poland, examples of providers offering qualified electronic signature services include:
The important point is to make sure that the specific service you are purchasing is a Qualified Electronic Signature and that the provider and service are recognised as qualified.
The European Commission's EU Trusted Lists can be used to check qualified trust service providers and qualified trust services across the EU.
The process generally involves:
1. Choose a qualified provider: Select a qualified trust service provider offering QES services.
2. Verify your identity: The provider will need to verify your identity before issuing your qualified certificate. The exact verification process depends on the provider and the service you choose.
3. Receive your qualified certificate: Once your identity has been verified, the provider issues a qualified certificate for your electronic signature. This certificate identifies the signatory and has a defined validity period.
4. Sign the employment contract: Once the QES is set up, it can be used to sign the employment contract electronically.
The signature can then be validated to confirm that it is a qualified signature and that the document has not been altered after signing.
The QES itself is not simply “valid forever”.
The qualified certificate supporting the signature has a validity period.
The length of that period depends on the provider and the certificate purchased. Polish government guidance indicates that qualified certificates are commonly issued for periods such as one to three years.
The certificate can also be revoked before its expiry in certain circumstances.
However, this does not mean an employment contract becomes invalid when the certificate later expires.
What matters is the validity of the qualified certificate at the time the document was signed.
For example:
1. An employee signs their employment contract using a valid QES in June 2026.
2. Their qualified certificate expires in December 2026.
3. The certificate expiring in December does not mean the employment contract suddenly becomes invalid.
The employer should retain the original electronically signed document and the information needed to validate the signature.
The Polish Labour Inspectorate confirms that one party may sign an employment contract electronically with a QES while the other party signs it by hand.
For example:
Employer: QES
Employee: Wet ink
The important point is that the employment contract must ultimately satisfy the applicable written-form requirement. For a fully remote onboarding process, however, using QES for both parties can make the process much simpler.
If you are signing a Polish employment contract electronically, make sure you are using a Qualified Electronic Signature.
A standard electronic signature is not automatically equivalent to a handwritten signature for the purposes of the Polish written-form requirement.
For employers hiring internationally, a QES provides a practical way to complete employment contracts remotely while maintaining the legal effect required under Polish law.
If this article raised questions or highlighted areas you’d like to understand better, let’s talk.Our team can walk through the details, implications, and practical considerations for your business.
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