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Is it possible to conclude a labour-law contract electronically without complying with the Labour Code's delivery rules?

Company: Amcham

According to the Supreme Court, it is. In the case under review, a settlement agreement was concluded between the employer and an employee challenging their dismissal by the employer sending a scan of the signed copy of the agreement to the employee in an e-mail attachment, to which the employee's lawyer responded by e-mail confirming that the agreement was approved and signed by the employee. 

The employer subsequently questioned the conclusion of the agreement, stating that the rules for delivery under the Labour Code were not observed. The Supreme Court stated that the Labour Code lacks a comprehensive regulation of legal acts, and therefore the rules in the Civil Code will apply to concluding agreements. This means that even if the rules for delivery in employment relations are not observed, bilateral legal acts may arise in the manner described above, which is in accordance with the Civil Code.

The problem, however, is that the Supreme Court (with regard to the appeal argumentation) did not address the question of the validity of such a legal act in this case.

(Judgment of the Supreme Court file no. 21 Cdo 2061/2021 of 27 April 2022)

Tags: Law | Human Resources |

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