Employment & labor law /

Can the employment contract be terminated by e-mail?

Termination of an employment contract under the Labour Code can be done in several ways. In the digital age, when remote working is becoming the norm, many employers wonder whether an employment contract can be terminated electronically, for example, via email.

If you want to know whether this is a possibility, this article is for you.

Labour Code and forms of termination

According to Article 30(1) of the Labour Code, an employment contract may be terminated in several ways:

  • by mutual agreement of the parties,
  • by notice of termination,
  • without notice,
  • and at the end of the time specified in the contract.

According to Article 30(1) of the Labour Code, an employment contract may be terminated in several ways: by mutual agreement of the parties, by notice of termination, without notice, and at the end of the time specified in the contract.

The most commonly used method is termination of the employment contract. The Labour Code clearly states that the notice of termination should be given in writing. Such a statement, according to the Civil Code, is effective if it is delivered to the other person in such a way that he or she can get acquainted with its content.

To comply with the written form requirement, a notice of termination of employment does not have to be prepared personally by a party. However, it must be signed by hand and handed to the other party or sent by registered mail.

What about the electronic form? Can a notice of termination be sent by email?

Can a notice of termination of employment be sent by email?

The Labour Code does not explicitly indicate that it is possible to give notice of termination of employment in electronic form. However, the Civil Code, which applies to labour law, states clearly: a declaration of intent made in electronic form requires a qualified electronic signature in order to be considered equivalent to a written form (Article 781 of the Civil Code).

The Supreme Court, in its judgment of 24.08.2009, I PK 58/09, indicated that: ‘the minimum requirement for the written form is to affix one’s own handwritten signature to the document covering the content of the declaration on termination of the employment contract. The only exception to this is permitted in Article 78 § 2 of the Civil Code (currently: Article 781 § 1), which allows for the submission of a declaration of will in electronic form in a manner equivalent to that in writing, but on condition that it bears a secure, certified electronic signature’.

What does this mean in practice? Sending a scan or photo of a signed document by e-mail does not meet the legal requirements, as such a document does not bear a certified electronic signature.

 certified electronic signature

How do I send a notice by e-mail?

If you want to use electronic form, the document sent must be signed with a qualified electronic signature by the employer or another person authorised to do so by the employer.

Remember that a qualified electronic signature is a signature certified by a special certificate issued by an authorised provider of such a service. It allows verification of the person signing.Popular e-signature tools such as DocuSign or Trusted Profile do not meet this requirement.

We recommend sending an e-mail to the employee’s work mailbox with a function to confirm receipt of the e-mail or to ask the employee to confirm that he or she has read the message sent.

If the employee has agreed to be contacted via a private email address, you can also send the notice to this address.

When does the notice of termination take effect?

You do not need to worry about whether the employee has read the email sent. The notice of termination is considered effective when the message arrives in his or her email inbox, and the employee has had the opportunity to read the content.

However, the possibility to send a termination notice by e-mail does not mean that such a notice can be given to the employee in all circumstances.

An employer cannot terminate the employment contract of an employee who is absent from work for excusable reasons. This means that if the employee. is on sick leave, annual leave or parental leave, you must wait until the employee returns to work before sending an email notice.

The notice of termination is considered effective when the message arrives in his or her email inbox, and the employee has had the opportunity to read the content.

What are the consequences in case of wrongful termination?

If you do not stamp the notice of termination with a qualified electronic signature or send the employee a scan of the notice of termination, it will be effective but defective.

This will result in the fact that, although the employment relationship will be terminated anyway after the expiry of the notice period, but because the termination was in breach of the law, the employee will be able to file a lawsuit in the labour court for reinstatement or payment of damages.

Undoubtedly, a lawsuit triggered by a defective termination will expose you to additional unnecessary costs and the risk of having to re-employ the dismissed employee.

Avoid legal problems

If you choose to send the notice by email, you must ensure that it is signed by an authorized person with a qualified electronic signature and sent to the employee’s work email address or their home email address if they have provided it as a contact address.

You should also make sure that the content of the notice complies with the requirements of the Labour Code and the Civil Code. In particular, it must contain a correctly worded reason for the dismissal and information on the right to appeal to the labour court.

An incorrectly submitted notice of termination may expose you to legal consequences. If you have any doubts, please contact our employment law specialists at: [email protected]. Professional advice will help you avoid mistakes and safeguard your interests.

Author team leader DKP Legal
Contact our expert
Write an inquiry: [email protected]
check full info of team member: Nicole Feliksiak
Author team leader DKP Legal Alicja Myśluk-Landowska
Contact our expert
Write an inquiry: [email protected]
check full info of team member: Alicja Myśluk-Landowska

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