Delivery in labour relations after 30 July 2020

On 30 July 2020, the first part of an extensive amendment to the Labour Code came into force, which newly regulates the service of documents in labour relations. According to the old legislation, the employer could proceed with the delivery of documents by post only after it was not possible to deliver the document in person at the workplace, to the employee's residence, or anywhere else where the employee could be found.

The new legislation removes this hierarchy and sets simpler rules. The employer delivers all important documents to the employee, preferably to his own hands, at the workplace.

The range of important documents remains the same even after the amendment: establishment, change or termination of employment, dismissal from the post of manager, salary and salary assessment, and a record of a breach of the regime of temporary work incapacity.

If personal delivery is not possible, the employer can now choose from the following delivery options:

• wherever the employee is found;
• by post;
• by electronic communication; or
• via the data box.

When delivered by post, the amendment emphasises the activity of the employee. The employer will now deliver the documents to the employee's last stated address. It is therefore in the employee's interest, and at the same time their responsibility, to inform the employer in writing about the change of address.

The amendment further eliminates the discrepancy between the conditions of the Czech Post and the Labour Code concerning the deposit period for documents. The storage period in the amendment to the Labour Code was 10 working days, while the conditions of the Czech Post stipulated 15 calendar days. Newly, an employee who was not found when the document was delivered by post will have the opportunity to pick up the document within 15 calendar days.

The employee will be invited, by written notice of unsuccessful delivery of the document, to collect the document within 15 days. At the same time, they will be told where, from what day and at what time they can pick up the document. The notice must also inform the employee of the consequences of refusing to accept a document or failing to cooperate. If the employee does not collect it within this period, the document will be considered delivered on the last day of this period.

There is also a certain innovation in the ​​electronic delivery of documents to employees. It is now possible to deliver a document to the data box if the employee has given their written consent (the employee must, of course, already have a data box set up). If the employee does not register within 10 days from the date of delivery of the document to the data box, the document is considered delivered.

Employees can also deliver documents to the employer's data box, if it agrees. However, unlike the delivery of documents to employees, the document is considered delivered on the day of delivery to the employer's data box.

The last change, leading to greater protection of the employee, is the introduction of the fiction of delivery of a document to the employer, which responds to cases where the employee cannot deliver the document to their employer because the employer is no longer in the place of residence or branch. Therefore, if the employer refuses to accept the document, does not provide cooperation or otherwise prevents the delivery of the document at the place of its registered office, the document is considered delivered on the day this occurred.

These changes are undoubtedly a step forward in terms of efforts to eliminate problems associated with delivery of documents in labour relations, whether it is the removal of the hierarchy or the harmonisation of deadlines for the Labour Code and the Czech Post. On the contrary, the biggest shortcoming of the amendment is the failure to consider a very current and real need, namely the simplification or "access" of delivery by e-mail for employers and employees.

lukas.regec@bdolegal.cz, adam.hussein@bdolegal.cz