Electronic signatures for recruitment agencies
A data security specialist by Swiss Post

Main section

Electronic signatures for recruitment agencies

Short-term work assignments are part of everyday life for recruitment agencies. Once you find the right worker, you need to get the necessary documents signed as quickly as possible. Thanks to the signature solution from SwissSign, you can now carry out this process electronically – with no need for post or identity verification in person. So in every case, the signed documents are available before work commences.

Formal requirements for employment contracts

Employment contracts are not generally subject to a formal requirement (Art. 320 Swiss Code of Obligations, CO). They can be concluded in writing or verbally – although in this case, a written contract is almost always recommended. There are, however, some exceptions. For example, temporary contracts fall under the Federal Recruitment Act (RecA). Under Art. 19 RecA, recruitment agencies are generally required to conclude a written contract with the worker. The same applies to the hire contract between the recruitment agency and the employer (Art. 22 RecA).

Side note: the different employment contracts

  • Hire contract: The hire contract is concluded between the recruitment agency and the employer, i.e. the hiring company. It lays down the terms and conditions under which a worker is hired for a temporary work assignment.

  • Framework employment contract: The framework employment contract is concluded between the recruitment agency and the worker. It sets out the foundation and regulates the general working conditions for all temporary assignments that the worker undertakes.

  • Assignment contract: The assignment contract is also concluded between the recruitment agency and the worker. This contract is usually temporary and relates only to a specific assignment. It includes supplements to the framework employment contract.

  • Temporary employment contract: A temporary employment contract is concluded when both the framework employment contract and an assignment contract have been signed.

The challenge: short-term employment

Normally, the signed contracts must be on hand before the work commences. If time constraints prevent this, they may also be drawn up and signed in writing at the earliest possible opportunity. This is set out in Art. 48 and Art. 50 of the Recruitment Ordinance (RecO) for employment contracts and hire contracts respectively. However, for security reasons this is not recommended for all three parties.

Good to know: one exception is work assignments of less than six hours. In these cases, a written hire contract is not necessarily required.

The solution: the signature solution from SwissSign

Thanks to electronic signatures, you no longer need to print out employment contracts and send them in paper form to the hiring company and worker by post. Since the documents are sent electronically, they can be signed quickly by all parties. The documents may be signed using the qualified electronic signature (QES), which is equivalent to a handwritten signature (Art. 14(2) bis CO).

Here’s how it works

  • The recruitment agency uploads the document that needs to be signed to the signature room or generates it directly in the ERP. It then invites the contract parties to sign.

  • The signers are informed of the signature request by email or push notification.

  • The signatories sign with just a few clicks – either in the SwissSign signature room or directly in the recruitment agency environment.

If one of the invited signatories does not yet have a SwissID account with a verified identity, this can be set up in a few minutes. The one-time identity verification required for this can be carried out easily online 24/7.

Signature solution for recruitment agencies without ERP integration

The signature service from SwissSign can be put into operation immediately and with no integration effort. The recruitment agency uploads the documents that need to be signed via the SwissSign signature room and invites the other contracting parties to sign by email in the desired order. The other contracting parties – in this case, the hiring company and the worker – then sign the documents with just a few clicks, either via the desktop or the mobile phone. There is no cost to you for use of the signature solution. The signature provider, in this case the recruitment agency, bills directly.

Signature solution for recruitment agencies with ERP integration

The integration solution from SwissSign can be easily and seamlessly integrated into ERP systems or third-party applications via a REST API. The contract documents are generated directly in the ERP software, where the recruitment agency also determines the signing order for the other contracting parties. The documents are then automatically transferred to the signature solution with all the relevant information. The other contracting parties sign these documents with just a few clicks in the environment or in the recruitment agency portal. Once signed, the documents are sent to the recruitment agency within seconds. They follow a uniform naming convention according to a predefined structure, which makes storage easier.

Advantages of electronic signatures

  • Work more efficiently: You can design your processes to save time, eliminate paper and avoid media discontinuity. You digitalise your workflows.

  • Cut costs: You cut printing and mailing costs and need less time and fewer resources for the same tasks.

  • Increase security: A guarantee of authenticity and integrity. Signature generated by known sender and document not altered retroactively.

  • Paperless and environmentally friendly: You offer fully digital signatures and therefore improve your environmental impact sustainably and in the long term.

  • Equipped for the future: Increased efficiency of downstream processes. Option to expand to additional trustworthy, digital services.