E-signature in the Czech Republic: Electronic Signing and Delivery of Employment Law Documents

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Electronic document signing is gradually expanding into many areas, and the field of employment relationships and human resources is no exception. In this article, you will gain the essential information about the digitalization of employment law documents in the Czech Republic (CZ) from the employer’s perspective. Learn about the legal requirements for the electronic signing, delivery, and archiving of employment law documents in the Czech Republic and the benefits they offer to employers.

Electronic Signature in the Czech Republic for Employment Law Documents

Just like here, written form is one of the main requirements for most employment law documents in the Czech Republic as well. Under the applicable legislation, the written form of employment law documents that form the basis for the creation, modification, and termination of employment relationships in the Czech Republic is preserved even when the document is created in electronic form.

Similarly to standard paper documents, which must be signed by the relevant person in the manner prescribed by law, documents created in electronic form must also be signed by the relevant person using an electronic signature.

Valid Czech laws distinguish between several types of electronic signatures with different legal force. At the same time, the laws specify which type of electronic signature must be used for particular employment law documents. This requirement must always be met; otherwise, the document will not become valid and effective.

Types of Electronic Signatures in the Czech Republic

Czech legislation recognizes several types of electronic signatures, including the following:

• simple electronic signature
• advanced electronic signature
• qualified electronic signature (the so-called recognized electronic signature)
• advanced electronic signature based on a qualified certificate (the so-called recognized electronic signature)

All of the above electronic signatures are equivalent to a handwritten signature, particularly in terms of what they prove and their characteristics. The legal framework for electronic signing in the Czech Republic is set out in Act No. 297/2016 Coll. At the same time, the Czech Labour Code distinguishes between two main categories of employment law documents, each of which is governed by specific rules.

Electronic Signing of Employment Contracts and Other Employment Law Documents

Under the Czech Labour Code, this category includes, for example, the following employment law documents:

• employment contract and amendments to the employment contract
• agreement to perform work
• agreement on working activity
• amendments to the above agreements
• agreement on termination of employment
• agreement on termination of a legal relationship established by an agreement to perform work or an agreement on working activity

Electronic signing

The Czech Labour Code does not prescribe a specific type of electronic signature for the employment law documents listed above, so the parties to the employment relationship may also use a simple electronic signature when signing them (for example, DocuSign). However, for evidentiary purposes, it may be recommended that the parties to the employment relationship use a qualified electronic signature with greater legal force (i.e. AES or QES).

Electronic delivery

For all of the above documents, a document signed with an electronic signature must be sent by the employer to the email address that the employee has provided in writing for the purposes of official communication.

Expert tip:

The employee has the right to withdraw from the employment contract and certain other employment law documents within 7 days. This withdrawal must be sent and delivered in written form. However, the employee may do so only if they have not yet started performing under the concluded contract or agreement.

Unilateral Employment Law Documents and Their Electronic Signing in the Czech Republic

This category of employment law documents also includes, for example, the following documents issued by the employer:

• termination notice of employment
• immediate termination of employment
• termination of employment during the probationary period
• other unilateral documents under the Czech Labour Code

Electronic signing

In the Czech Republic, the employer may deliver these documents electronically only if the employee has given prior written consent to the electronic delivery of such a document. Such written consent must be given in a separate document, which means it cannot, for example, form part of the employment contract being signed or any other employment agreement.

At the same time, the employer must provide the employee with a written notice explaining the statutory requirements for electronic delivery, and this notice may form part of the consent form. If the employee agrees, they are required to provide the employer with their private electronic address to which the employer will deliver employment law documents.

Expert tip:

The employee may revoke their consent to this form of communication and the delivery of official employment law documents at any time, with effect for the future only, not retroactively.

All documents falling within this statutory category must, by law, be signed with a so-called recognized electronic signature, namely:

• a qualified electronic signature (QES), or
• an advanced electronic signature (AES) based on a qualified certificate

Electronic delivery

All employment law documents included in this category must be sent by the employer to the employee’s private electronic address, and the employee must confirm receipt in writing, for example by email. In this case, Czech law also recognizes the so-called fiction of delivery, meaning that the document is deemed delivered on the 15th day after it was sent.

Expert tip:

Delivery is ineffective if a document sent electronically to the employee’s address is returned to the employer as undeliverable.

Benefits of Electronic Signing of Employment Law Documents

The 2023 amendment to the Czech Labour Code significantly simplified and clarified the electronic delivery of employment law documents in the Czech Republic. The new rules have brought a number of advantages for employers in practice, including the following benefits:

• Speed and efficiency: Documents such as employment contracts, amendments to employment contracts and agreements, and other employment law documents can be sent electronically by the employer, and the employee has immediate access to them.
• Economic aspect: Thanks to electronic signing and delivery, the employer saves not only time but also a significant portion of the costs normally spent on paper, envelopes, and postage fees.
• Simpler remote delivery: The current rules in the Czech Republic make it easier for employers to deliver employment law documents to those working from home (home office) or to people working from abroad.
• Legal certainty and easier proof: Electronic delivery, especially through the so-called data box, provides the parties to the employment relationship with clear evidence that the document was properly delivered in accordance with the applicable legislation.
• Environmental aspect: The above rules also contribute to environmental protection and sustainability.
• Clearer and simpler administration and archiving: Electronic documents are stored in digital form, which makes their management and retrieval easier and also simplifies their archiving.

Electronic Signature in the Czech Republic Simplifies Employers’ Work

Today, electronic signatures in the Czech Republic allow employers to significantly simplify the handling of employment law documents. Properly implemented electronic signing and delivery of documents saves time, reduces administrative burden, and at the same time ensures legal certainty in communication with employees. When introducing the digitalization of HR processes, however, it is important to comply with the statutory requirements and to use the appropriate type of electronic signature depending on the specific document.

If you need to arrange an electronic signature or would like to learn more about document digitalization options, you can find all the necessary information on our online platform NFQES.