Fixed-term employment contract with digital signature – is it valid?
Written form vs. digital Signature for Fixed-Term Contracts
Digital signatures and electronic signings are becoming increasingly important in today’s workplace. But is a fixed-term employment contract that is signed digitally rather than handwritten legally valid? Learn here what to consider regarding the digital signing of fixed-term contracts and what employees should pay attention to.
*where only the masculine form is mentioned in this article, the feminine / diverse form is also included
Written Form Requirement under § 14 (4) TzBfG
According to § 14 (4) of the German Part-Time and Fixed-Term Employment Act (TzBfG), the limitation of an employment relationship must be agreed upon in writing. This so-called written form is defined in § 126 of the German Civil Code (BGB), which generally requires a handwritten signature on paper. However, the law also allows for a modern digital alternative:
Under Section 126a BGB, the written form can be replaced by a qualified electronic signature (QES). This is a highly secure form of digital signature that is legally equivalent to a handwritten signature — but only if strict requirements are met.
In particular, the employer must ensure that the QES complies with the high security standards set out in Article 26 of the eIDAS Regulation (EU Regulation on electronic identification and trust services).
Fixed-term employment contract signed digitally before 01.01.2025 – is it valid?
If you signed a fixed-term employment contract electronically before January 1, 2025 (the relevant date is the signature date, which you will usually find at the end of the contract), the question arises whether this form of conclusion is legally permissible.
Legal background:
§ 14 (4) of the German Act on Part-Time Work and Fixed-Term Employment Contracts (TzBfG) requires the written form but does not explicitly exclude electronic form. However, under the version of the German Act on the Notification of Conditions Governing an Employment Relationship (Nachweisgesetz, NachwG) applicable until December 31, 2024 (§ 2 (1) sentence 3 old version), employers were required to record the essential terms and conditions of employment – including the end date of fixed-term contracts – in writing, sign the document, and hand it over to the employee in original (hard copy) form. Electronic transmission was explicitly excluded in the old version of the law. This leads to the conclusion that if even the notification of the fixed term was not permitted in electronic form, then the actual fixed-term agreement itself certainly cannot be legally concluded electronically.
High risk for employers: digital signature may be invalid
Even the use of a qualified electronic signature (QES) might not be sufficient to replace the required written form – because this legal question has not yet been conclusively clarified by the highest courts. And even if courts were to generally accept QES in the future, the problem remains: The requirements for a valid QES are very strict. The contract must meet all technical and legal requirements set out in § 126a of the German Civil Code (BGB) and Article 26 of the eIDAS Regulation – and this is often not the case in practice.
What applies to fixed-term contracts concluded after 01.01.2025?
Since January 1, 2025, the revised Notification Act (Nachweisgesetz) applies – specifically § 2 (1) sentence 7 no. 3 of the new version (NachwG n.F.).
The key change: Employers are now permitted to provide the proof of essential terms and conditions of employment – including the fixed term – in text form (§ 126b BGB). This means electronically, provided that:
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the file is accessible, storable, and printable for the employee, and
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the employer asks the employee to confirm receipt.
What does this mean in practice?
A fixed-term employment contract signed digitally using a qualified electronic signature (QES) is now generally valid under the law – and the previously discussed inconsistency in legal interpretation no longer applies.
Conclusion & practical tip for employees
Fixed-term contract signed before January 1, 2025
If you signed your fixed-term employment contract digitally before January 1, 2025, there is a good chance that this form does not meet the legal requirement for written form, which may render the fixed term invalid. In that case, the employment contract is considered open-ended (permanent). In this case, a claim for continued employment (§ 17 TzBfG) must be filed, which must be submitted within three weeks after the end of the fixed-term contract. If the deadline is missed, the contract will generally end at the agreed fixed-term date, even if the fixed term was invalid.
Therefore, it is important:
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A claim for continued employment ("Entfristungsklage") must be filed.
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A deadline of three weeks applies from the end of the contract as determined by the fixed term.
You have a fixed-term employment contract with a digital signature and want to learn about the process when I assist you? Then read on here.
Fixed-term contract signed after January 1, 2025
The electronic agreement of a fixed term is legally valid if:
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a qualified electronic signature (QES) was used, and
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the employee received an electronic copy of the contract and confirmed receipt
Even in these cases, it is advisable to verify whether the electronic signature meets the strict legal and technical requirements.
Author of this article: Janina Aue, Lawyer & Mediator
Please do not hesitate to contact me to discuss how we might work together.
