The amendment provides employers with a great opportunity to reduce the range of documents that employees must hand deliver, while simplifying the ways to comply with this form of service. For example, it is now possible to conclude an employment contract fully electronically.
Bilateral agreement is possible electronically
The first positive change is the possibility to handle part of the HR agenda electronically. First of all, it concerns the delivery of bilateral agreements. If the employee agrees, it is possible to conclude an employment contract, a contract of employment, a fixed-term employment contract, or a fixed-term employment contract fully electronically, and it is also possible to use the electronic form for an agreement on a change or termination of employment. It is sufficient to provide the employee with a delivery address (it must be a private email). This communication can be directly in the employment contract/agreement or also via the information system used by the company. The advantage of the information system is the simple possibility to change the email or even withdraw consent to this form of delivery.
Unilateral agreement is only possible electronically with an extra written agreement
Unilateral actions such as termination, immediate termination, termination during the probationary period, payroll can only be handled electronically if the employee independently consents to this activity. It is necessary to conclude a special agreement with the employee regarding this service (the agreement must not be part of the employment contract). This document can also be signed electronically. Again, the rule is that the address for service must not be the employee’s email address with the employer and that the employee has the option to withdraw this consent. If this extra agreement is not made with the employee, the only possible method of delivery is by hand.
However, it is now possible to deliver the documents in one’s own hands by means of a data box. If the employee has a data box and has access to it, it is possible to deliver in this form even without the employee’s consent and the fiction of delivery applies.
Lawyer Ondřej Hanák adds: “Personally, I would always recommend that employers conclude everything as transparently as possible, i.e., for example, actually ask the employee to sign everything electronically. Firstly, it makes more sense to me than scanning and sending a PDF, that’s kind of half-hearted electronicisation. Second, I would recommend that both the employer and the employee have an electronic document with both verifiable signatures (if I only have a PDF scan, it’s harder to verify the signature on it and less conclusive). I’m inclined to recommend full computerization.”
More information not only on the digitalization of HR according to the Amendment to the Labour Code, but also on other news, including practical examples, can be heard on the recording of the webinar, which took place on Tuesday 24 October at 9 a.m. Ondřej Hanák (from Elegal) gave you a guided tour of the legal innovations and Dalibor Němec (CEO of Gappex – SmartFP manufacturer) gave you a demonstration of the solutions.