Czech Republic: Document Delivery: Navigating the Latest Legal Framework in the Czech Republic

Author: Klára Sleglova

 

New rules for the delivery of employment-related documents have been in effect in the Czech Republic since 1 October 2023. The amendment to the Labour Code at least partially addressed the demands of employees and especially employers, who have criticised the almost impossible conditions for the electronic delivery of important documents.

 

Important documents

The Labour Code stipulates stricter rules for the delivery of so-called important documents for their valid delivery. These include the recall or resignation of a managerial employee, salary statements, and documents concerning the termination of employment (resignation, immediate termination, termination during the probationary period, etc.), except termination agreements.

 

In-person delivery of important documents

The employer delivers important documents to the employee’s attention. This means that they must be delivered directly to the employee, preferably in person. Consequently, documents cannot be collected by a third party, such as a family member, on behalf of the employee. The handover does not have to take place only at the workplace; it can occur wherever the employee is located.

 

Delivery via data box

A data box is a kind of electronic equivalent of a house mailbox, but in practice, most employees still either do not have one at all or have only allowed deliveries from state institutions.

 

Electronic delivery of important documents

The law no longer requires the employee to send the employer an acknowledgement of receipt of an electronically sent document and to affix a recognised electronic signature to the acknowledgement. However, important documents can only be delivered electronically if the employee has agreed to this method with a separate written consent. In this consent, the employee is required to provide a private electronic address for document delivery. Additionally, the employer is obligated to formally notify the employee in writing about the specific terms and conditions pertaining to electronic document delivery before consent is granted.

A document delivered electronically is presumed to have been delivered on the date when the employee confirms the receipt in writing. If the employee does not confirm the receipt of the document within 15 days from the date of delivery, it will be regarded as delivered on the last day of this period.

 

Delivery via a provider of postal services

The employer can also send important documents by post; nonetheless, this method can only be used if in-person delivery at the employer’s workplace is not possible. The envelope containing the document must include detailed instructions, and the postal worker is required to act in accordance with the Labour Code. However, this is often violated, causing invalid delivery.

Key Action Points for Human Resources and In-House Counsel

• Electronic delivery of important documents is now less complicated.
• Documents must reach employees directly; electronic options face limitations.
• Electronically sent important documents require prior written consent and formal notification.