Sep 15

Labor Code amendment – service of documents

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This article addresses the changes in the service of documents brought by the amendment of Act No. 262/2006 Coll., the Labor Code (the „Labor Code“), effective as of 30 July 2020.

Employers must still serve important documents (such as notices of termination, documents concerning rewards etc.) on their employees to the employees’ own hands at the workplace, in accordance with Section 334 of the Labor Code.

If it is not possible, the amendment provides employers with the following options of serving documents on employees:
a) anywhere where the employee is reached;
b) via postal service operator;
c) via electronic communications network or service; or
d) via data box.

An employer, however, must make an actual attempt to serve a document at the workplace to the employee’s own hands. An employer may not proceed solely as he deems fit and he may only serve a document using other means if it is not possible to serve the document on the employee by the employer himself at the workplace.

Other changes brought by the Labor Code amendment are, in short:
1/ Data box – Via data box, an employer may serve a document on his employee only if the employee granted their written approval of being served via data box. If the employee does not log in to their data box within 10 days from the date of document delivery into the data box, the document is deemed served on the last day of that period.
2/ An employer must send documents to his employee through postal service operator to the address notified by the employee to the employer in writing (not to the employee’s last known address).
3/ 15 calendar days is the new period of depositing a consignment which the postal service operator was unable to serve, provided in Section 336(3) and (4) of the Labor Code, where the consignment will be deposited at the postal service operator’s office or at the municipal office for that period.
4/ Similarly like in paragraph 3/, but this time in relation to employers, the amendment provides that if an employer rejects to accept a document, fails to provide collaboration or otherwise precludes from a document being served at the employer’s registered office or place of business, the document is deemed served on the day when such a rejection, failure or preclusion occurred.

If you need legal assistance in any field of law, including but not limited to the labor law, please do not hesitate to contact the Law Office Pajerová s.r.o.

Mgr.Adéla Morávková,
Junior Attorney in the Law Office Pajerová s.r.o.
9 September 2020