Service of process and electronic service in the employment relationship

5. 5. 2023

At the moment, the Labor Code allows several options for the delivery of documents, where the first choice is to use hand delivery at the workplace, and only if this is not possible, the employer may proceed to delivery elsewhere than at the workplace, by post, e-mail or data mailbox. In addition to service by e-mail, the document is deemed to have been served if its acceptance is refused. More information can be found in our article New rules for delivery of documents to employees after the amendment of the Labor Code

As part of the legislative process, the government has already processed a planned amendment to the Labor Code, which is implementing new EU legislation into Czech law. What exactly does this amendment bring with regard to serving the documents according to the Czech Labor Code?

One of the most important changes is that the employer could proceed to delivery via e-mail and data mailbox immediately and would not have to try to deliver it in person first. Thus, the obligation to attempt serve into one's own hands first will remain only for service by post.

Simplification will also occur for delivery by e-mail. The obligation to obtain the employee's consent to this method of service will remain (which would newly have to be executed on a separate written document, i.e. it must not be part of the employment contract) and the e‑mail will have to contain a recognized electronic signature of the employer, but the actual delivery will be considerably simpler.

According to the current regulation, the employee must acknowledge receipt of the document sent by e‑mail and, in addition, must sign the message with his or her recognized electronic signature. This is a practically impossible condition.

Under the amendment, the mere delivery of a message that meets all the requirements by e-mail will be sufficient and the employee will not have to acknowledge receipt. In addition, the amendment introduces a fiction of delivery, whereby if the employee does not respond to the e-mail message within 15 days, it will be deemed to have been delivered. Thus, although the employee will still have to consent to the sending of documents by e‑mail, which can be revoked at any time, the delivery process itself will be considerably easier.

At the moment, the amendment still has to pass the Chamber of Deputies and the Senate, but the planned changes in this area are certainly a step in the right direction.

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