In an era of widespread remote work and the digitization of business communications, more and more employment-related activities are being conducted electronically. This also applies to situations in which an employer decides to terminate an employee's employment.
The question then arises: can the notice of termination of the employment contract be communicated to the employee by e-mail, text message or via an instant messenger?
The answer requires distinguishing between two issues: the effectiveness of the declaration of termination of the employment contract and compliance with the form of such declaration required by law.
Termination of employment contract – what form?
Pursuant to the Labour Code, each party's declaration of notice or termination of an employment contract must be made in writing.
Generally, this requires the preparation of a relevant document and its handwritten signature. However, the regulations also allow for the declaration to be submitted electronically. To maintain this form, the document must be affixed with a qualified electronic signature.
Electronic form alone, therefore, does not simply mean sending a document by email. A simple email, text message, or instant message does not meet the written or electronic form requirement.
Is a termination notice sent by email invalid?
However, the lack of the required written form does not automatically mean that the employer's declaration is invalid or ineffective.
If a notice of termination or dissolution of an employment contract reaches the employee in a manner enabling them to become familiar with its content, it may result in the termination of the employment relationship. The problem is that the employer did not comply with the required form in this case.
This is especially important in the event of a legal dispute. An employee may challenge the manner in which their employment contract was terminated and pursue claims for unlawful termination of their employment relationship in a labor court.
What is the safest way to terminate an employment contract?
From the employer's perspective, the safest solution is to provide the employee with a written statement of termination or dissolution of the employment contract, signed by the employee.
If the document is to be submitted electronically, it is necessary to ensure that the electronic form is maintained, i.e. the declaration must be provided with a qualified electronic signature.
Sending a notice of termination by email or text message can be effective and lead to termination of the contract, but it also poses significant risks for the employer due to failure to adhere to the required form. Therefore, it should not be considered a standard method of submitting notices of termination of an employment contract.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of September 4, 2026.
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