DocuSign - in case of disputes, he can file a case with the court saying that the document was not signed by him? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
+1 Other

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Today, we send employment contracts (Offer Letters)/ or any HR Documents to employees through DocuSign tool. While the document sent through the tool to the employee has a log to prove the time the document was sent to employee, the time employee has viewed it and signed the document and submitted . This Log summary, I assume should suffice as an evidence, in case of litigation that the said employee has accepted the document sent to him through the tool.
How ever, one of the employee has come back questioning that the signature is not his hand written one, but picked from the options available in the tool which is different from his manual signature and said in case of disputes, he can file a case with the court saying that the document was not signed by him.
How would an organisation take a stand in this context?
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Dear Kannan,
I expected that some of the members of this forum who are very computer savvy would be answering your question but no one so far. Perhaps your post would have escaped their attention. Therefore, as I am not computer savvy, I would like to answer your query as a lay man. In the face of increasing cyber crimes, it would be better to limit the use of e-signature in documents that can be contested about their veracity by anyone later.
Even the Information Technology Act,2000 the main objective of which is to provide for legal recognition to what is commonly called as "electronic commerce" declares that Standard Electronic Signature is valid in HR documents, Commercial Agreements, Consumer Agreements etc., but not valid in Power of Attorney, Trust Deed, Will or any other Testamentary Disposition, any Contract for Sale or Conveyance of Immovable Property or any such interest in such property.
When the employee disputes the genuineness of his earlier e-signature, had you followed the procedures of secure digital signature mentioned in sec.15 of the IT Act,2000, there would be no problem.
But my question is why can't you follow the conventional method of obtaining nomination forms etc., with the individual's hand-written signature?
Hi Umakanthan,
I agree with you on manual signature being obtained for nomination forms, but today in IT world, this generation are getting rid of anything manual including signatures and documentation. Though I am from Gen X, I need to move ahead with times .
I am totally in agreement with Mr. Umakanthan. Certain documents are so essential that requires Handwritten signatures. This is far from ground reality that moving ahead does not mean that we can ignore some basic elements of Contracts.
regards
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