Doručování písemností a elektronický právní styk v pracovněprávních vztazích

Abstract

The current legal framework for contracting in labour law is certainly traditional and in the spirit of fundamental labour law principles sufficiently protective. In terms of modern, flexible or other standard forms of electronic legal relations it must also be critically examined as the wide application of protection regulation is usually an obstacle to further development of modern forms of legal relations. The development of the information society presupposes an effective, legally permitted and demonstrably reliable tool enabling an efficient electronic legal contact and archiving of related electronic records. It is precisely electronic documents that form the dominant part of the most standard contractual processes including labour law. The simplicity, quickness, ergonomics and overall efficiency of these tools not only lead to the use of electronic documents more often than paper documents, but also to the fact that electronic documents are used where traditional forms of legal action based on documentary record have been used. The purpose of this article is to offer a certain perspective and to stimulate a discussion on the issue of the current construction of the implementation of electronic written legal proceedings in labour law based on a certain mandatory limitation that “if the legal action has not been delivered, it does not exist” in favour of the related, although at the same time contradictory but civilistic, in many respects, more appropriate thesis, according to which it must be delivered to the sphere of disposition of the other contracting party.

Keywords

• doručování
• písemnost
• pracovněprávní vztah
• flexibilita
• elektronický podpis
• formální náležitosti
• prokazování
• elektronický dokument
• důkazní spolehlivost