Elektronické právne úkony a ich doručovanie v pracovnoprávnych vzťahoch.

Electronic Legal Acts and Their Delivery in Labour Law Relations.

Mgr. Ivan Kundrát, PhD., Právnická fakulta UPJŠ v Košiciach

Právny obzor, 106, 2023, No. 2., pp. 83 – 98.

Published online: 20.4.2023

https://doi.org/10.31577/pravnyobzor.2023.2.01

Abstract. The author deals with conditions for making legal acts by electronic means in labour law relations. The author points out that although the legislation does not exclude these legal acts, there is a substantial part of employee’s and employer’s documents that is subject to delivery. Therefore, in labour law, a possibility of making a legal act by electronic means must be distinguished from a question of whether such an electronic document can be delivered with legal consequences. The author examines delivery of documents from the point of view of its relation to the theory of reach and analyses legal consequences of defective delivery. The author points out that the Labour Code establishes a penalty of invalidity in case of defective delivery only for two legal acts – a notice and immediate termination of an employment relationship. Even in these cases, however, decision-making practice admits that delivery defects can be cured by picking up the document. Validity of other legal acts is not dependent on delivery. The aim of the article is to assess the possibilities of making legal acts by electronic means regarding the legal regulation of delivery in labour law relations.

Key words: legal act, delivery, invalidity

PDF DOWNLOAD

ISSN 2729-9228
(online)

ISSN 0032-6984
(print)

THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.

Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).

Copyright © 2000 - 2023 Ústav štátu a práva SAV. All rights reserved.Design by Mgr. Peter Krákorník - AKRONET