Electronic Document Management During Wartime: The Process of Signing HR Documents in an Organization

Since the introduction of martial law in Ukraine, many employees have had to leave their permanent residences. They now have to work remotely, so they are unable to come to the enterprise every time to sign the necessary HR documents in person. Due to the fact that document exchange and signing have become somewhat more complicated, a number of legislative changes have been adopted in the field of electronic document management (hereinafter referred to as EDM). In addition, a state body has provided clarification on how employees can currently sign HR documents remotely. This is reported by Юридична Газета. 

Legislative Changes in the Field of EDM

In October 2022, a number of changes were made to the “Procedure for Working with Electronic Documents in Record Keeping and Their Preparation for Archival Storage”: 

• Temporary storage documents can now be signed not only with a qualified electronic signature (QES), but also with an advanced or other type of electronic signature agreed upon by the parties. For example, programs like DocuSign, Adobe Acrobat Sign, and others can be used to sign such documents. 

• The requirement that the creation of HR (personnel) documents in electronic form by an enterprise must be agreed upon with an archival institution has been removed. Such changes are entirely understandable, as our legislation has not yet provided an effective mechanism for such agreement with archives. 

• It has been established that the creation of temporary storage documents (up to and including 10 years) in paper form in institutions is not mandatory.

Examples of temporary storage documents:

• applications for leave, leave schedules;

• documents (reports, statements, memos, working time balance, letters) on working time accounting;

• copies of certificates issued to employees regarding work experience and place of work, salary, etc.

Therefore, if such documents were created in electronic form, there is no need to create them in paper form as well. 

• It has been determined that the paper form of an electronic document is its certified paper copy, created in accordance with the enterprise’s record-keeping instructions. Furthermore, the processing of the same document in both electronic and paper form within the enterprise’s record-keeping is not permitted. 

Thus, as can be seen, there is now no requirement for agreement with the archive regarding the possibility of implementing electronic document management at an enterprise. Moreover, it is not mandatory to create temporary storage documents in paper form. They can be in electronic form, signed with various types of electronic signatures, not just QES. 

Remote Document Signing

Currently, we can be guided by Article 7 of the Law of Ukraine “On the Organization of Labor Relations Under Martial Law”, which provides for the possibility of using alternative methods of exchanging HR documents, determined by agreement of the parties. Also, in wartime conditions, it is worth considering the clarification from the National Agency of Ukraine on Civil Service (NACS). Although this is a clarification from an body that regulates the activities of civil servants, in today’s conditions it can also be applied to employees of private enterprises, as it explains the general procedure for signing HR documents during martial law.

Procedure for Parties to Agree on the Method of Exchanging HR Documents

If we consider a situation where it is not possible to sign a document using a QES, then, of course, the best option would be for the employee to write a handwritten application agreeing to electronic communication with the employer, photograph it, and send it to the employer. However, if this is also not possible, an alternative is to send the employer an electronic message with the following content (example):

“Due to the introduction of martial law, I request that all necessary documents regarding labor relations be exchanged with me via my email_____ (or messengers “___”). With this statement, I confirm that all messages and documents sent and to be sent from my email (or messenger “__”) on these matters shall be considered my true expression of will.” 

If an employee intends to use messengers, it is advisable to detail all identifiers as much as possible to avoid any doubts about the authorship of the message sent via such messenger. In addition to the name, logins, nicknames, phone numbers, etc., should also be specified.   

Next, the employer needs to take a screenshot of this message (application) and keep it. Then, based on such applications, issue an order stating that communication with employees will be conducted via the email (or messenger) specified in the application. The order must include the employees’ surnames and their communication methods. As a possible option, one can list the employees’ surnames and state that the creation, sending, and storage of orders (directives), messages, and other documents related to labor relations will occur via employees’ corporate emails or another method agreed upon by the parties. This order must then be sent to the employee for review. Please note that when sending an order for review, there is no need to send an appendix to the order, as it contains a list of personal data of other employees that is not subject to disclosure. 

After performing the aforementioned actions, the enterprise will be able to continue exchanging HR documents with the employee through the method specified in the application and order. In such a case, an electronic signature may not be necessary. It is sufficient to send a text message, from which the employer takes a screenshot and keeps it. 

Familiarization with Orders and Other HR Documents

If the HR department of an enterprise needs to familiarize an employee with orders or other documents, this can also be done via email (or another means agreed upon by the parties). 

To familiarize many employees with an order simultaneously, the employer can send an email with the order signed by the director, addressing it to all employees concerned by this order. Then, each employee replies to such an email stating, “I am familiar with Order No. ___.” 

After this, the employer must draw up a protocol for recording the communication of information or documents to employees (hereinafter – “Protocol”), stating that the employees are familiar with Order No. ___. The Protocol is drawn up in a free form. It is desirable to record the following information in as much detail as possible:

• date, time, and place of drawing up the Protocol;

• date, time, basis, and method of sending documents;

• job titles, surnames, and names of employees to whom the documents were sent;

• contact information of employees to whom the documents were sent;

• content of the sent documents (in abbreviated form);

• information about the employee who drew up the Protocol, their signature, and date.

In addition, screenshots serving as confirmation of the fact that such HR documents were sent to employees should be included as appendices to such a Protocol. 

Remote Employee Dismissal

Regarding employee dismissal, the application for dismissal can also be submitted via electronic communication means (provided there is prior agreement between the parties). The same applies to familiarization with the order. However, given that employee dismissal entails the termination of labor relations, to avoid potential disputes in the future, we recommend sending the dismissal application not as a regular text message via email, but as a photograph of a handwritten application from the employee. After this, the best option would be to exchange original documents (in paper form or signed with QES) as soon as such an opportunity arises. 

Conclusions

Summarizing the above, it can be stated that Ukrainian legislation has responded to today’s challenges caused by the war. As a result, a number of changes have been adopted to the EDM procedure to simplify it during these difficult times. Moreover, we can observe a series of relaxations regarding the methods of signing HR documents. This significantly facilitates the exchange of HR documents between parties. 

Whether such changes will continue to be in effect after the end of martial law is currently unknown. However, we sincerely believe that the war will end as soon as possible and our lawmakers will be able to adapt the adopted changes to Ukraine’s post-war legislation.