ELECTRONIC DELIVERY SAVES EMPLOYERS HASSLE

You’ve probably heard about it, at least in stories. 

Scene: The workplace.

Main characters: Employer and problematic employee.

Plot: The employer needs to deliver a warning for not fulfilling job duties or even a notice of termination. The employee does everything possible to avoid receiving the document. 

A discreet amendment to the Labor Code might significantly ease this “drama” for employers. 

From now on, certain documents can be delivered to employees electronically. The Labor Code lists “delivery through an electronic communication network or service” as a method of delivering documents to employees. In simple terms, employers can deliver documents to employees via email or even communication applications like WhatsApp. 

How to Proceed? 

The basic condition is that the address to which the document is delivered must not be under the employer’s control. In practice, this means that it is not possible to deliver documents to a work email address but only to the employee’s personal email or phone number. 

It is also crucial that this method of delivery is only possible with the employee’s prior written consent, specifying the address for delivery. The employee can revoke this consent at any time. Additionally, employees must be properly informed in writing about the implications of electronic delivery. 

What Documents Can Be Delivered Electronically? 

Among others, it is possible to deliver documents that must be handed personally to the employee, such as a notice of termination, immediate termination of employment, termination of employment during the probationary period, dismissal from a managerial position, or a salary adjustment. 

What Is the Impact? 

Let’s return to the situation at the beginning of the article. If an employee avoids receiving a document, it will now be enough to send the document, for example, by email (noting that the message must be signed by the employer with a recognized electronic signature). The message is considered delivered if the employee confirms receipt. If the employee does not respond, the document is deemed delivered on the fifteenth day after it was sent. 

Employers can thus avoid complications with personal delivery (which requires documenting the refusal to accept the document, ideally in front of two witnesses) or by registered mail. 

Recommendations 

Few business owners want to deal with administrative matters at the expense of their business. Electronic delivery can significantly simplify employee management. We would be happy to prepare tailored documents for setting up electronic delivery or modify existing documentation to include this option, allowing you to focus on your business without unnecessary paperwork. 

At MACEK.LEGAL, we are here for you. Don’t hesitate to reach out to us. 

#electronic delivery to employees #employees #Labour Code