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New possibilities to use electronic documentation in labor relations

From November 22, 2021, amendments have been made to the Labor Code, allowing employers to transfer personnel document flow to electronic document management (EDM).


The following remain mandatory for the employer to keep in paper format:


• order to dismiss an employee

• work book (if the employee has chosen to maintain a work record in paper format)

• statement of an industrial accident in the prescribed form

• documents confirming that the employee has passed instructions on labor protection


The rest of the personnel documents can be signed and stored electronically.


To use EDM with labor documentation, the employer must issue an appropriate local act describing the regulations, terms and procedure for the transition to digital format. The existing employees must provide their written consent for the employer to be able to use it. If there is no such consent, it will be considered as a refusal by the employee to use it.


Employees hired after 31st December 2021 are assumed to have granted their consent by default. However the employer must inform new hires that they use EDM.


To use EDM, both parties need to have electronic signatures. Employees can use signatures they have obtained previously, but if the employer requires using one and the employer does not already have it, the employer needs to bear the cost of obtaining it for the employee.


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