E-signed HR documents at an ITM inspection: what can stay digital

More and more companies want to drop the paper personnel file. The legitimate question: at an ITM (Labour Inspectorate) inspection, are HR documents signed electronically valid? The answer is yes, under the conditions set by law — but the type of signature and the way you archive matter. Here is what you can keep 100% digital.

The framework for electronic signing in HR

OUG 36/2021 clarified that documents in the employment relationship may be concluded in electronic form: the individual employment contract, the acte adiționale (addenda to the contract), the documents produced while the contract runs and those at termination. In other words, the entire life cycle of the employment relationship can be handled digitally.

Types of signature accepted

Not every “signature on a screen” carries the same weight:

• the advanced electronic signature and the qualified electronic signature — with a timestamp and, where applicable, an electronic seal — have the legal force required for employment documents;
• a simple scan of a document signed by hand is not the equivalent of a document signed electronically in the legal sense, although it can be useful as a copy.

The choice of signature type determines whether the document survives a challenge to its authenticity.

No coercion: you cannot force the employee

A principle worth remembering: the employer cannot force the employee to use an electronic signature. If the employee prefers the paper form, that right must be respected. Digitalisation is an option offered, not a condition imposed.

ITM’s right to ask for documents electronically

The legislation (including Legea 208/2021 and the related acts) allows ITM to request documents in electronic format, even before coming to your premises. In practice, an inspection can start with a request to send the documents digitally. A company with an orderly digital file responds quickly; one that has to scan a paper archive loses time and credibility.

Electronic archiving

Keeping documents digitally must comply with the archiving rules (Legea 16/1996 on the national archives and the framework on electronic archiving). Documents archived electronically must remain intact, accessible and legible throughout the required retention period. “A folder full of PDFs” is not enough — integrity and traceability are what count.

Which documents are checked at an inspection

At an ITM inspection the following are usually checked: the individual employment contracts and the acte adiționale, the record of working time (timesheets), leave documents, the SSM (occupational health and safety) training records, the ROI (internal rules) and the match with REGES-Online. All of these can exist digitally, if they are signed and archived properly.

The risk of objections on format

The most frequent risk is not that a document “is missing”, but that its format can be contested: an unsuitable signature, a missing timestamp, archiving that does not guarantee integrity. That is why digitalisation has to be done with the right tools, not improvised.

How Workly helps

The documents generated and stored in Workly — contracts, acte adiționale, timesheets, personnel files — are designed to be compliant at an ITM inspection: signed electronically in the proper way, with electronic archiving and fast export on request. The match with REGES is maintained, and PII is encrypted in line with GDPR. This way a company can keep its file 100% digital with confidence, answering an ITM request in minutes, not days.

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Informational article, accurate at the date of publication. Not legal advice. The regime for electronic signatures and archiving can change through new legislation — always check the framework in force at source (the Labour Inspection, ADR, Monitorul Oficial) or consult a specialist before moving the personnel file entirely to digital.