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What should be the procedure for concluding an electronic employment contract?
What should be the procedure for concluding an electronic employment contract?
Although the processes related to an employment contract concluded in the form of an electronic document are carried out in a traditional manner, the signing procedure is different. Therefore, it is necessary to explain the sequence of this process step by step and in detail. The topic is commented on by expert Anar Bayramov.
1) In the “Online Employment Contract” section of the ƏMAS subsystem, the “Create Online Employment Contract” button should be clicked, or a quick access can be made by entering the “Create Online Employment Contract” section on the main page of the ƏMAS subsystem.
2) In the traditional manner, the employer must select the relevant staff position for the employment contract to be concluded in the form of an electronic document and, in the window that opens, indicate the FIN code of the person being hired, as well as the series and number of the identity card.
3) After the process related to the person to be hired is carried out in the traditional manner, the registration of the electronic employment contract is continued. It should be noted that the employer must pay special attention to the correct indication of the contact details of the candidate being hired — e-mail address and telephone number. This is because, according to the new amendments, information on termination must be sent by the employer to the employee’s e-mail address and to the telephone number via SMS.
In addition, the latest amendments to the Labour Code include innovations related to the operating mode of the ƏMAS subsystem. For example, if the employer applies a summarized recording of working time, this information must be indicated in the relevant section.
4) After the employer signs the employment contract to be concluded in the form of an electronic document, the document is placed in the “Online Employment Contracts in Progress” section. By entering this section, the employer must send the document to the other party by clicking the “Send for Approval” button.
5) When the “Send for Approval” button is clicked on the electronic document, a special window opens. Although the details of the person to whom the document will be sent are entered automatically in the opened window, the employer may, if desired, add additional information about the person who will sign the document in the “Note” section. When sending an employment contract concluded in the form of an electronic document to the other party for approval, the employer does not need to sign the document with an electronic signature.
6) After the document concluded in the form of an electronic document is sent to the other party for approval, it is no longer displayed in the “Online Employment Contracts in Progress” section, but is placed in the “Online Employment Contracts Sent to the Citizen for Approval” subsection of the “Online Employment Contract” register. Although three types of information are displayed regarding this document, the employer is given the opportunity to use only one of them.
– The purpose of the note “The operation has been completed or is with another user” is to inform that the document has been sent to the other party or that the process has been completed. That is, this note is purely informational.
– The “Return of the document sent to the citizen” section is intended for a more practical transition. Even if the employer has sent the employment contract to be concluded in the form of an electronic document to the other party, they may later wish to make certain clarifications. In this case, when this section is selected, information appears about returning the document to the previous section, namely “Online Employment Contracts in Progress”.
When the employer clicks the “Execute” button, the electronic document is returned from the approval stage. The employer may cancel the electronic document or make amendments to it, or may see no need for any changes to the document. In this case, the employer must complete the process of concluding the employment contract and register the electronic document. After the electronic document is registered, it must be resent to the other party for approval. Otherwise, the “Download Notification” button will not be active, since the employment contract concluded in the form of an electronic document has not been signed by both parties.
Although the processes related to an employment contract concluded in the form of an electronic document are carried out in a traditional manner, the signing procedure is different. Therefore, it is necessary to explain the sequence of this process step by step and in detail. The topic is commented on by expert Anar Bayramov.
1) In the “Online Employment Contract” section of the ƏMAS subsystem, the “Create Online Employment Contract” button should be clicked, or a quick access can be made by entering the “Create Online Employment Contract” section on the main page of the ƏMAS subsystem.
2) In the traditional manner, the employer must select the relevant staff position for the employment contract to be concluded in the form of an electronic document and, in the window that opens, indicate the FIN code of the person being hired, as well as the series and number of the identity card.
3) After the process related to the person to be hired is carried out in the traditional manner, the registration of the electronic employment contract is continued. It should be noted that the employer must pay special attention to the correct indication of the contact details of the candidate being hired — e-mail address and telephone number. This is because, according to the new amendments, information on termination must be sent by the employer to the employee’s e-mail address and to the telephone number via SMS.
In addition, the latest amendments to the Labour Code include innovations related to the operating mode of the ƏMAS subsystem. For example, if the employer applies a summarized recording of working time, this information must be indicated in the relevant section.
4) After the employer signs the employment contract to be concluded in the form of an electronic document, the document is placed in the “Online Employment Contracts in Progress” section. By entering this section, the employer must send the document to the other party by clicking the “Send for Approval” button.
5) When the “Send for Approval” button is clicked on the electronic document, a special window opens. Although the details of the person to whom the document will be sent are entered automatically in the opened window, the employer may, if desired, add additional information about the person who will sign the document in the “Note” section. When sending an employment contract concluded in the form of an electronic document to the other party for approval, the employer does not need to sign the document with an electronic signature.
6) After the document concluded in the form of an electronic document is sent to the other party for approval, it is no longer displayed in the “Online Employment Contracts in Progress” section, but is placed in the “Online Employment Contracts Sent to the Citizen for Approval” subsection of the “Online Employment Contract” register. Although three types of information are displayed regarding this document, the employer is given the opportunity to use only one of them.
– The purpose of the note “The operation has been completed or is with another user” is to inform that the document has been sent to the other party or that the process has been completed. That is, this note is purely informational.
– The “Return of the document sent to the citizen” section is intended for a more practical transition. Even if the employer has sent the employment contract to be concluded in the form of an electronic document to the other party, they may later wish to make certain clarifications. In this case, when this section is selected, information appears about returning the document to the previous section, namely “Online Employment Contracts in Progress”.
When the employer clicks the “Execute” button, the electronic document is returned from the approval stage. The employer may cancel the electronic document or make amendments to it, or may see no need for any changes to the document. In this case, the employer must complete the process of concluding the employment contract and register the electronic document. After the electronic document is registered, it must be resent to the other party for approval. Otherwise, the “Download Notification” button will not be active, since the employment contract concluded in the form of an electronic document has not been signed by both parties.