Beware of changes in employee addresses!

Judikát - právní

Judgement of the Supreme Court of the Czech Republic of 23 June 2015, Ref. No. 21 Cdo 3663/2014

Do you intend to immediately terminate the employment of an employee? Make sure that the document is delivered correctly!Immediate termination of employment must be made by the employer in writing, defining factually its reason to ensure that it cannot be confused with another termination and delivering it within the specified period of time to the employee, otherwise it is invalid. Legal effects arise under the law on the day when the written declaration about the immediate termination of employment was delivered to the other party, and these legal effects cannot be changed by any other time information potentially given in the termination declaration of will. According to the established practice of courts, a written declaration of will is generally deemed delivered to the other party as soon as it is in the sphere of the party's disposal, i.e. the party is given a chance to become acquainted with its content.

Documents relating to the termination of employment must be delivered into the employee's own hands in the workplace, in the employee's home or anywhere where the employee will be reached, or via an electronic communications network or service; if this is not possible, the document may be delivered via a postal service operator.

However, a document may only be delivered to the last known address that the employer has ascertained, regardless of the source, whether directly from the employee or from other employees, the employee's relatives, healthcare providers, public authority, etc. It would only be reasonable to conclude that the employee failed to provide necessary assistance to deliver the documents if the employer delivered the document to the previously known address, the employee did not stay in the place and did not wilfully notify the employer of the new address, or, as the case may be, the employer did not ascertain the address otherwise, and in such a case the document would be deemed delivered on the day on which the postal service operator could not hand over the postal item being delivered to the employee.

Potential delivery of immediate termination of employment to the employee's address other than the last known address will therefore be invalid and will not have the expected effects!!!