Amendment to the Labour Code gives the green light for wider use of electronic signatures in HR

The amendment to the Labour Code has removed obstacles to the digitisation of employment documents and HR professionals are rejoicing. They have good reason for this, because the changes to the Labour Code will not only simplify administrative work, but also increase the overall efficiency of HR processes.

The Labour Code newly regulates the rules for delivery of important documents that must be delivered by hand. It also allows for electronic signing of documents that could previously only be signed with a qualified electronic signature. The range of HR documents that can be signed electronically from 1 October 2023 is thus extended to include employment contracts, amendments, agreements and others.

Delivery of HR documents under strict regime

The amendment to the Labour Code has shuffled the hierarchy of how important documents must be delivered by hand. The new rules provide significant protection for employees, as these are documents of crucial importance to them.  

This group of documents includes, for example:
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- termination of employment,
- immediate termination of employment,
- removal from the position of the employee's supervisor
- or a pay slip.

Therefore, the Labour Code in §334 maintains strict conditions for this type of documents, but compared to the previous regulation they are set in such a way that they are more feasible in practice. It applies that the document must be delivered to the employee by hand, but the employer has a choice of 4 methods of delivery.

According to the Labour Code, letters under the strict delivery regime should be delivered:

- in person at the workplace,
- via data box,
- via electronic communication network or service
- or wherever the employee can be reached.

In case the letter cannot be delivered in person at the workplace, it can be delivered by post.

In addition, where service is effected by an electronic communications network or service, the employee must give separate written consent specifying a private address for service. The consent must contain information on the conditions of service, including the statutory time limit for deemed service (15 days from the date of delivery) and the possibility to withdraw the consent at any time. The letter must bear a recognised electronic signature of the employer.

Delivery of HR documents outside the strict regime

The great news for recruiters and fans of digital HR is that the number of documents that have to be delivered in a strict regime has decreased. More benevolent terms and conditions now apply to documents where there is consensual action between employee and employer, and signing and delivery via a network or electronic communications service is more accessible.

This group of documents now includes:
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- employment contracts,
- agreements on work performed outside the employment relationship (and amendments thereto),
- agreements on termination of employment,
- amendments to amendments to the employment contract.

The signature of these documents is not limited to a recognised signature, which means that a simple electronic signature can be used for the signature. No consent is required, the only condition is that a copy is delivered to the employee's private email address. The employee has the right to withdraw from the document within 7 days from the date of delivery to his/her private e-mail.

Electronic signing in Pinya HR

The amendment has removed most of the legal obstacles that had hindered companies from digitising employment documentation. It increases the scope for digitising HR processes and electronic delivery will finally become an essential part of the modern working environment.

With Pinya HR, you can use DigiSign 's electronic signature to sign any document, wherever you are. It takes no more than 2 minutes and you don't have to print or scan the document. And the need for filing? That's eliminated because you can find your signed documents in one place, in Pinya HR.

You can use Pinya HR's electronic signature on a wide range of documents, including those relating to the conclusion or amendment of an employment contract or termination agreement. After the amendment, most HR documents fall into this category, so now is the perfect time to start using electronic signatures as your standard signing method.