One of the expected changes in the forthcoming amendment to the Labor Code will be the simplification of the delivery of essential employment documents concerning the establishment, amendment or termination of an employment relationship. It will be possible to sign documents with a simple electronic signature (for example, a scan of a handwritten signature or an email signature) and send them to the employee’s email address. These new procedures can only be expected (according to legislators) from 2024 and therefore it is worth reminding ourselves how to proceed under the current regulations.
The conditions set out in the currently valid Labor Code lean more towards protecting employees. Firstly, be explicitly listing cases in which written form must be adhered to and, secondly, with the condition that documents must be delivered into the employee’s own hands. Also, a document must sometimes contain special instructions on what will happen if the employee does not collect the parcel at the post office. Typically, this applies to a notice of termination.
However, this does not mean that every document, message or notification addressed to an employee needs to be delivered in such a complicated way. Employment “documents” that cannot be classified as the establishment, amendment or termination of the employment relationship can be delivered to employees by email (or data mailbox) but only if the employee has given his or her consent to such procedure, ideally in the employment contract.
Employers often use simple employment contracts that beyond what is “necessary” refer to the Labor Code. While some people may think that including such consent in the employment contract is redundant, it can save an employer a lot of complications when delivering documents – for example, when they want to order leave. That is why this regulation should not be omitted in any employment contract; at least until the new regulation comes into force.