The Labour Code specifically regulates the procedure employers must follow when serving certain documents on employees. These typically include documents related to the termination of employment or employment relationships established through agreements on work performed outside an employment relationship. In particular, this includes notice of termination or termination of employment during the probationary period. This group of documents, which is subject to special rules of service, also includes the removal of a managerial employee from their position or a salary assessment (salary determination letter). It is therefore important to note that, with regard to service, the Labour Code distinguishes between different types of documents.
Personal delivery at the workplace or at another location where the employee can be reached is the preferred method.
With regard to digitalisation and the expansion of electronic communication, it is also possible to deliver documents to the employee’s data mailbox (datová schránka), provided that the employee has established such a mailbox and has not disabled the receipt of documents. In this case, the employee’s consent to this method of service is not required. Service becomes effective when the employee logs into the data mailbox, or through the fiction of service if the employee does not log in within 10 days of the document being delivered. This refers to the data mailbox of a natural person who is not acting as a business entity.
Another option is service through a network or electronic communication service. In this case, however, employees must give written consent to this method of service, which they may later revoke in writing without providing any reason. For this purpose, they must provide the employer with a private email address; a work email address cannot be used. Before giving consent, the employer must inform the employee in writing about the conditions of service, including the possible fiction of service. Documents sent in this way must be signed with a qualified electronic signature (simple solutions such as DocuSign are not sufficient). The employee must confirm receipt of the document in writing; otherwise, service is deemed to have occurred on the 15th day.
The above rules do not apply to other employment-related documents not explicitly listed in the Labour Code, such as an employment contract and its amendments.
An exception to the above is an agreement on the termination of employment, which may be sent electronically even without the employee’s prior consent, including to the employee’s work email address.
However, the receipt of a salary determination letter must be expressly confirmed by the employee for the service to be effective, as the fiction of service does not apply in this case.
Since proper service – which triggers not only legal effectiveness but also the running of deadlines (typically notice periods) – occurs only once the above conditions are met, underestimating these rules may have serious consequences for employers.
