The era of digitisation and moving more and more activities, also professional ones, to the virtual space creates some doubts whether the requirement to use written form for a given legal action is justified.
In the recent judgment, the Supreme Court confirmed that certain actions regulated in the Labour Code require written form. The editorial team of Dziennik Gazeta Prawna asked Attorney Wojciech Bigaj to comment on the controversial judgment, and he agreed with it. Our legal counsel reminded that the Supreme Court had referred to a specific case: notifying the trade union organisation about the intention to terminate a worker’s employment contract concluded for an indefinite period. In other cases, it is still possible to choose from the other forms of performing the action, e.g. the document form, which may be electronic correspondence.
The full comment of Mr. Bigaj is available HERE.