Despite the general trends Czech labour law has been resisting to the praxis of electronic legal acting. It is especially because of its protecting function and at the same time strict regulation relating to the delivering of important labor-law documents. On the other hand, the legal protection given by the Labour Code cannot be counter-productive for both, the employer as well as the employee.
On April 27, 2022, the Supreme Court issued judgment (file No. 21 Cdo 2061/2021) solving issue whether an agreement on termination of employment can be reached between the employer and employee acting remotely if it was not in compliance with the conditions for delivery of documents regulated in the Labour Code; i.e. when delivering electronically (by e-mail) documents incorporating offer and afterwards its acceptance.
The Supreme Court came to some important conclusions:
- There is a lack of complex regulation of the legal acting in the Labour Code and that is why there are to be used rules involved in the Civil Code for the contracting of the labour-law contracts and agreements.
- Despite the fact that the breach of the special regulation of the delivery in the Labor Code results in putative (non-existent) legal acting, it does not mean that bilateral legal acts could not come into existence in any other by law presumed way. The special regulation of delivery in the labour-law relationships cannot be essential for the review of the requirements of establishing a contract / agreement.
At last, it is important to emphasize that the court’s decision does not create a total approval of the electronic legal acts in labour law. Nevertheless, this decision is step forward showing important direction for the future.