As digital solutions become more widespread in business operations, the use of electronic signatures for labor-related documents is increasingly common in Slovakia. However, it is crucial for both employers and employees to understand whether such signatures hold legal validity under Slovak labor law. This article examines the key points surrounding the use of electronic signatures in labor documents.
Slovak labor law mandates that certain documents must be executed in writing to be legally valid. Failure to meet this requirement may result in the document being considered invalid.
Slovak civil law regulates that the written form is preserved if the legal act is made by electronic means, which enables the content of the legal act to be recorded and the person who made the legal act to be identified. The written form is always preserved if the legal act made by electronic means is signed by a qualified electronic signature (QES) or a guaranteed electronic seal. Therefore, legal acts within the employment law, which require written form, may be executed electronically, provided that the method used ensures the document’s content is preserved and the identity of the person signing can be verified.
To obtain a QES, an individual must use a certified provider – an authorized entity that issues certificates verifying the signer’s identity. This process ensures that the signature is secure and that the document remains unchanged after signing.
A QES is recognized not only in Slovakia but also across the European Union according to the eIDAS Regulation, making it a secure and widely accepted method for signing labor-related documents.
While electronic signatures are legally valid, employers should consider several practical and legal aspects when using them for labor-related documents.
Written Form Requirements: Slovak labor law distinguishes between documents that must be in writing and those that do not. Documents such as termination notices, salary deduction agreements, and material responsibility agreements must be in writing to be valid. Other documents, like employment contracts or amendments to employment terms, also require a written form but are not automatically invalid if the written form is not followed. A QES, but also a simple electronic signature, satisfies the written form requirement for these documents, as long as it ensures authenticity and integrity.
Risks of Non-Qualified Electronic Signatures: While QES have full legal validity, non-qualified electronic signatures carry certain risks. These are less secure and harder to verify, which can be problematic in case of disputes. Non-qualified signatures for documents that require a written form under Slovak labor law carry a risk because of the lower reliability.
Challenges With Electronic Delivery: Although electronic signatures are allowed under certain conditions, the delivery of labor documents electronically can raise concerns. Slovak law requires certain documents, such as termination notices, to be delivered in person. This means that even if a document is signed electronically, it may still need to be physically delivered to the employee to be legally valid. In practice, electronic delivery methods, like email, do not meet legal delivery requirements unless the employee has explicitly agreed to receive documents electronically. For certain documents, especially termination notices, physical delivery by a person or by registered mail with acknowledgment of receipt to the recipient’s hands remains necessary.
Electronic Delivery in Practice: Some courts have started to accept electronic delivery in specific cases, particularly when the employee has agreed to receive documents electronically or in case of delivering documents from the employee to the employer. However, this practice is still uncommon, and employers should be cautious when considering electronic delivery of labor documents.
In summary, an electronic signature, especially QES, is legally valid for signing labor-related documents in Slovakia, provided it meets the necessary standards for authenticity and integrity. Employers can use electronic signatures, for example, for employment contracts, and other papers that require a written form, except termination notices or any other documents where the invalidity would cause damage or high risk to the employer. Beyond that, it is essential to comply with delivery requirements, as Slovak law generally mandates that certain documents, like termination notices, be delivered in person or by registered mail.
By Jana Sapakova, Partner, and Simona Makuchova, Senior Associate, Eversheds Sutherland
This article was originally published in Issue 12.3 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
