Kolecka Law Firm

For many companies running business during lockdown means switching to work online and home office. It also means that difficult decisions, like termination of employment has to be done on-line. The law adaptes to new technology and gives the employer tools to prepare and deliver such decisions effectively via e-mail.

Nowadays, the traditional form of document cannot be given to a recipient and delivery by post causes many doubts as to when, if so, the delivery takes place. The moment of receiving the termination of employment is crucial, both for employer and the employee, this is why both parties should have no doubts as to when the employment contract finishes ultimately.

Requirements

Therefore, if the employer decides on termination of employment, they can use e-mail as an effective form of termination. Such a decision should be duly prepared, as a termination is very formalized process. Depending on type of employment, it should:

• comply with requirements of the Labour Code and the employment agreement,
• be delivered on-line,
• be signed and sent following criteria of the Civil Code.

The key issue is signing the termination with a qualified certificate, as the Civil Code gives it the same value as the traditional signature. Remember that signature with ePuap or scan of a signed termination does not meet criteria for fully valid termination of employment. In such situation, the employee is entitled to claim in court the invalidity of such action.

It is also recommended to send the termination to employee’s work e-mail address in order to verify time of delivery on Company’s servers.

Videoconference

Another proposed solution that provides proof for this process is to meet with the employee via videoconference and to record the meeting. During such a call, the employer, accompanied by a witness (another member of the Company entitled to process personal data) should send an e-mail with signed termination notice and inform the employee about the termination.

Following these steps is the closest to a traditional form of termination of employment and although the decision itself can be considered as though, it will be facilitated if followed by proposed steps.

Author: Aleksandra Hajdukiewicz, Trainee Attorney-at-law, associate at Kolecka Law Firm