Previously, legislators considered that allowing employee records (including personnel files) to be kept in electronic form had comprehensively resolved the issue of digitisation in employment relations. This was not the case, as archiving documents is not the same as creating them. In many instances, labour law provisions continued to favour the paper-based workflow of documents.

For some time now, however, the trend has been to facilitate communication in labour law matters and allow the use of electronic tools in a broader scope.

Electronic personnel files are not the whole story

Electronic personnel files (known as ‘e-teczka’) are a great tool, but only for storing documentation. An ‘e-teczka’ can store documents created and signed electronically (with a fully digital workflow), but documents that were originally created in written form can also be added. To do this, such a document must be scanned at the resolution specified by the regulations, affixed with the employer’s qualified electronic seal or the qualified electronic signature of a person representing the employer (as confirmation that the scan matches the paper original), and uploaded to the e-file system.

Similarly, where personnel files are maintained in paper form, it is possible (and indeed necessary) to attach various documents to them that were originally created in electronic form. Some employers digitise certain HR processes (e.g. staff referrals for medical examinations and obtaining certificates confirming fitness for work), but still maintain personnel files in paper form.

Legislators emphasise the difference between ‘legal form’ (forma) and ‘technical form’ (postać)’

In the Polish language and legal system, there is a difference between legal form (forma) of a  document/declaration of will and its technical form (postać), which refers to the data carrier on which a given document was recorded.

There are three main types of legal form under Polish law and the provisions regulating agreement form are quite strict. In order to meet the requirements of written form (legal form), an agreement (or other statement of will) must be printed out on paper and include a wet signature of its author(s). A scan or photocopy of such document, or simple e-mail do not meet the requirements of written form (legally speaking). Electronic form of an agreement is met when an electronically drafted agreement has been signed with the use of a Qualified Electronic Signature. Such agreement is equivalent  to the one concluded in written form. There is also a third type of legal form under Polish law known as documentary form which applies to a statement of will that is recorded in a document, and the document is defined as any data carrier that allows the content to be read.  

There are only two types of technical forms – paper form (any document recorded on paper, regardless of whether it has been signed with the use of a wet signature or not) or electronic form (any document fixed electronically).

With every amendment to the Labour Code, legislators emphasise the need to use the phrase ‘in paper or electronic form’ (technical form – postać).

There is no legal definition of the terms ‘paper form’ or ‘electronic form’. However, it must be recognised that this concept refers to the carrier on which a declaration of intent or knowledge has been recorded. Any declaration of intent or knowledge produced or recorded on paper (not only those signed by the author in their own hand) will, therefore, be in paper form. Similarly, a declaration of intent or knowledge recorded electronically (not only one signed with a qualified electronic signature or an electronic signature), will be in electronic form. An example of a declaration of intent or knowledge in electronic form is an email or a scan of a hand-signed document.

For example, when working remotely, all applications and declarations may be submitted electronically.

In which new areas has electronic form been permitted?

Further simplifications of this kind have also been envisaged as part of the deregulation measures the government is working on. Some of these have already been introduced; e.g. since the end of January this year, the following may be submitted electronically:

• information on the transfer of a workplace conveyed to employees,
• information on monitoring by the employer,
• work schedules (rotas),
• an employee’s application for a flexible or individual work schedule,
• a request for time off work to attend to personal matters,
• a request for time off in lieu of overtime,
• consultation with trade unions regarding an employer’s intention to terminate an employment contract (if trade unions operate at the employer).

Furthermore, in November  2025, the obligation to retain paper submissions to the Social Insurance Institution (ZUS) bearing employees’ handwritten signatures was abolished, provided that the submissions were made electronically. Provision has also been made for the digitisation of benefit applications.

Work is currently underway to  amend  the Trade Unions Act and on the Act on Informing and Consulting Employees, which are intended to permit the use of electronic communication in dealings with trade unions and works councils. The Act uses terminology familiar to that in the Civil Code, permitting written form, electronic form and documentary form. ‘Documentary form’, as defined in the Civil Code, means the submission of a declaration of intent in the form of a document, in a way that allows the identity of the person making the declaration to be established. However, a ‘document’ is a carrier of information that allows its content to be read. In practice, this means that it will be permissible, for example, to communicate by email without the need to attach documents bearing a qualified electronic signature.

The draft contains provisions designed to streamline communication between employers and trade unions. However, these simplifications will only apply if the employer and the workplace trade union organisation include such a provision in a collective labour accord or arrangement. A similar solution is provided for in relation to the works council. Here too, the choice of the form in which the employer will provide information to the works council will require their prior approval. Streamlining communication and permitting electronic exchanges, therefore, requires cooperation between the employer and the trade unions or the works council.

These regulations are still being finalised and it is difficult to predict when they will be adopted.

Qualified signatures in mObywatel

It is also becoming increasingly easier to use qualified signatures, which are still required in certain situations relating to employment law (e.g. to enter into a non-competition agreement or to regulate the transfer of copyright differently to that specified in the regulations). This is not only because their providers are adapting their services to changing needs and, in addition to long-term signatures, have also introduced short-term or one-off signatures. The cost of such a signature is significantly lower than that of a traditional qualified signature valid for several years.

Since 23 October 2025, it has been possible to use a free qualified digital signature via the mObywatel app. This allows users to sign up to five documents per month free of charge. After exceeding this limit, the service can be used for a fee, in accordance with individual signature providers’ price lists. Importantly, this option is available to anyone who holds an identity card with an electronic chip (i.e. issued after 4 March 2019) and the mObywatel app.

Announcements regarding this option state that this signature may be used for “private matters (not related to professional activities)”. This restriction does not stem directly from the Act governing the operation of the mObywatel app, but from its terms and conditions.

Annex 45 to the app’s terms and conditions specifies that this refers to providing a signature to express an intention on one’s own behalf or on behalf of another individual  for the purpose of dealing with a private matter, unrelated to the conclusion of consumer contracts, one’s profession, business activities, or the activities of a legal entity or an unincorporated organisational unit, which the person making the declaration represents or in whose operations they participate.

In my view, this does not prevent an employment contract or other employment related documents  from being signed. In such a case, one is acting on one’s own behalf and in one’s own private interest, rather than for the purposes of running a business or carrying on a profession. It is also worth noting that the regulations do not affect the validity and effectiveness of the signature provided.

Further information on this subject can be found in the mObywatel app and in the Public Information Bulletin.

The State Contract Management System

On 7 January 2026, the state contract management system was launched, through which it is possible to:

• conclude, amend and terminate contracts such as employment contracts, specific task contracts and service contracts,
• use ready-made templates for contracts and related documents – e.g. addenda, termination notices, employment certificates,
• sign documents with a qualified, trusted or personal signature,
• maintain and store employee records electronically without having to keep them in paper form.

To manage a contract within the System, the consent of both the employer and the employee is required, as well as a declaration by the employer that employee records will be maintained within the System. The consent of the contracting parties and the employer’s declaration cannot be revoked.

The System allows contracts to be signed using a qualified electronic signature, a personal signature or a trusted signature. As a general rule, documents signed using a personal or trusted signature, that are not qualified signatures,  do not satisfy the  written form requirement. However, Article 5(5) of the Act of 16 November 2022 on the eUmowy ICT system for the administration of certain contracts provides that documents signed with a personal or trusted signature shall have the same legal effect as those signed by hand. Such a document will, therefore, be equivalent to a document in written form. As the system also enables the management of employee records, there will be no need to print documents and archive them in a paper-based employee file. The entire workflow can take place via the system. It is also possible to upload documentation to the system that was previously produced in paper form.

Until now, this system has been available to micro-enterprises and organisations employing up to 9 people, farmers, and individuals employing others without running a business (e.g. parents employing nannies). Use of the system is free of charge. Plans to extend access to other businesses soon followed. The legislative process in this regard proceeded very smoothly and was completed in less than four months. The Act of 15 May 2026 amending the Act on the ICT system for the administration of certain contracts and certain other acts was signed by the President of Poland on 2 June 2026, and was published in the Journal of Laws on 5 June . Most of the provisions of the Act came into force on 20 June 2026. The exception is one provision concerning communication with the Social Insurance Institution (ZUS), which will come into force six months after its publication, i.e. on 6 December 2026.

The Act has expanded the list of contracts covered by this system to include so-called employment-related contracts, namely:

• non-competition agreements (during and after the termination of the employment relationship),
• contracts for the improvement of professional qualifications (so-called training or loyalty contracts),
• agreements on joint financial liability for entrusted property.

It has also amended the list of entities eligible to use the system – the restriction limiting access only to micro-enterprises has been removed.

As a general rule, contracts will be managed within the system using the forms provided in it. Users will be able to draw up their own declarations of intent, applications or other documents for which there is no corresponding form available in the system. For this reason, in practice, primarily smaller entities are likely to continue to use the system. Larger organisations usually have their own in-house templates for employment contracts (and other employment-related documents) and may not be interested in concluding contracts using the template provided by the system.

Summary

Although the Labour Code still requires written form in certain cases (e.g. when giving consent to deductions or entering into non-competition agreements), electronic communication in labour relations is becoming increasingly common in dealings with employees, trade unions and state authorities alike. This trend is viewed positively by employers. In many cases, it also makes things easier for employees.

Magdalena Skwara

This article is based on a presentation given during the HR Law 2026 webinar. Trends