The employer must use a qualified electronic signature on consultations with a trade union regarding the intention of dismissing workers by e-mail.

In its judgment of 21 March 2021 (III PSKP 2/21) the Supreme Court explained that a notification conveyed to the trade unions on the intent of dismissing a worker pursuant to Article 38 § 1 must be in hardcopy written form, and if it is to take place electronically, then it will be transacted with a qualified electronic signature. This means that an e-mail sent to the trade unions must include a consultation document bearing such a signature.

The trade unions’ response may assume any form whatsoever. 

Find more in the PRO HR May 2021.