Will the termination of the employment contract sent to the worker by email be effective?

Can you send a termination of your employment contract by email and is it effective?

Yes, termination of the employment contract can be sent by e-mail, but only if it meets certain conditions. In order to be effective, a written form must be retained, which means that the paper must bear a qualified electronic signature. A simple scan of the signed announcement by hand and sending it by email does not meet these requirements, making specified announcement defective and ineffective. In specified a case, the worker may request return to work or compensation pursuant to Article 45(1) of the Labour Code.

Effectiveness of termination of the contract by e-mail

1. Written form: Pursuant to Article 30(1) of the Labour Code, termination of the employment contract must be done in writing. The provisions of the Labour Code do not apply straight to the electronic form, but Article 300 of the Labour Code requires the application of the provisions of the civilian Code in matters not regulated in the Labour Code. Therefore, it is possible to terminate by e-mail, but it requires additional formalities.
2. Electronic signature: In order for an email announcement to be valid, it must contain a qualified electronic signature. In accordance with Article 781 of the civilian Code, papers requiring written form must bear an electronic signature which ensures the authenticity and integrity of the document. A simple scan of the signed paper is not sufficient.
3. Delivery and content: Denunciation of an email contract is effective erstwhile an email is available to the recipient, which means that the worker had the chance to read its content, even if he did not open the e-mail. Article 61(2) of the civilian Code provides that a declaration of will shall be made erstwhile it has been introduced into the electronic communication in specified a way as to enable it to be read.
4. Confirmation of reading: Although this is not required, it is good to ask for confirmation of reading the email to have additional proof that the worker had the chance to read the notice.

Procedures to be fulfilled

• Electronic signature: Make certain that the denunciation contains a qualified electronic signature that ensures its authenticity and compliance.
• Maintenance of written form: Denunciation should be made in writing, even if it is sent electronically.
• Documentation: Keep proof of sending an email and any confirmation of receiving or reading the message.

In case of medical release

If an worker has received an email with announcement and then, on the same day or later, provides a medical release, the announcement shall proceed to be effective, provided that it has been sent before receiving the release. Article 41 of the Labour Code prohibits termination of the contract during the period of incapacity for work, but if the announcement was sent before the incapacity begins, it is valid.

Summary

Denunciation of an email contract may be effective, provided that the requirements concerning the written form and qualified electronic signature are met. It is besides crucial to guarantee that the paper is available to the staff member, although he does not gotta actually read it at the time of service. In the case of a worker’s illness upon receipt of a notice, it is essential that the denunciation be served before the start of the medical release.

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