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ELEKTRONICKÉ PRÁVNE ÚKONY A ICH DORUČOVANIE V PRACOVNOPRÁVNYCH VZŤAHOCH

100%
Kundrát I.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
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vol. 106
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issue 2
83 – 98
EN
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.
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SERVICE OF DOCUMENTS IN THE CONTEXT OF EMPLOYMENT DURING EMPLOYEE QUARANTINE

63%
Žuľová J., Kundrát I.
Central European Journal of Labour Law and Personnel Management
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2020
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vol. 3
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issue 1
77-88
EN
The legal regulation of quarantine imposed on an employee is limited in the Labor Code (Act No. 311/2001 Statutes, the Labor Code, as amended, hereinafter referred to as the Labor Code), to the framework regulation of legal consequences of quarantine in labor relations. A number of labor-related problems arising from the SARS-CoV-2 coronavirus epidemic causing COVID19 will, therefore, have to be addressed by interpreting the legislation in force for the purpose of its practical application, as it had been previously considered to be of rather a theoretical nature. The paper deals with the partial problem of the service of documents in labor relations during the employee quarantine. It identifies what is served, it analyzes the correctness of the employer's procedure when it automatically relays the delivery task to the postal service, and it clarifies the interpretation of the term “last known address” in the context of its change as evidenced from the proof of temporary incapacity for work stemming from a quarantine imposed on the employee. The aim of the paper is to discuss the practical aspects of the service of documents in the labor context at the time of the current situation of the spread of coronavirus epidemic. In terms of the methodology, the paper is based on critical in-depth analysis of the current legal framework, descriptive method and scientific cognitive methods.
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