Digitalisation is raising an increasing number of practical questions in the field of employment law as well, particularly as regards the method and timing of communicating legal declarations. The judgment of the Székesfehérvár Regional Court, case no. M.70042/2024/46, which was upheld on appeal by the Győr Regional Court of Appeal in decision no. Mf.30024/2025/5., examined one such typical yet particularly important issue: when does an employee’s notice of termination sent by email become effective, especially where there is no actual “awareness” on the employer’s part?
The case arose from a seemingly ordinary factual situation. The employee sent his notice of termination by email as a PDF attachment, not only to the managing director but also to other relevant representatives of the employer. However, during that period the managing director was on sick leave and did not in fact read the message until more than two weeks later. On that basis, the employer argued that the notice period only begins once the notice has actually been read, and that the employee had therefore terminated the employment relationship unlawfully.
The courts, however, clearly rejected that interpretation. One of the cornerstones of the decision was that a legal declaration communicated by email satisfies the requirement of written form, provided that the identity of the person making the declaration can be established and the content of the declaration can be reproduced unchanged. In the specific case, those conditions were plainly met by scanning the signed document and sending it in PDF format, which was further supported by the fact that the employer responded to the email on the substance.
The judgment is significant from the perspective of the legal interpretation of the effectiveness of communication. The court held that a legal declaration is deemed to have been communicated from the point at which it becomes accessible to the addressee, not from the point at which it is actually read. In the case of a corporate employer, that accessibility is established as soon as the email arrives on the server. From this point of view, the time of actual awareness is irrelevant.
This approach is closely linked to the duty of cooperation that permeates the employment relationship, which requires not only active conduct by the parties but also the proper organisation of the employer’s operations. The court emphasised that the employer is obliged to ensure the continuous possibility of receiving legal declarations, even where there is a temporary absence on the part of the managing director. A failure to do so falls to the employer’s detriment and cannot result in the delayed effectiveness of legal declarations made by employees.
Another important aspect of the case concerned the question of responsibility for the handover of the position. The employer contended that the employee had failed properly to hand over his position. However, the evidence showed that the person designated to take over was not available at the time of the employee’s departure, and the employer had made no arrangements for a substitute. In that regard, the court made it clear that it is for the employer to ensure the conditions necessary for the handover of the position, and the absence of such conditions does not give rise to liability on the part of the employee.
Taken as a whole, the case provides clear guidance for practice. The courts have consistently taken the view that, when assessing legal declarations in employment law, functionality and actual accessibility take precedence over formalism. Electronic communication is not only accepted but is fully suitable for communicating legal declarations, provided that the basic requirements of identifiability and integrity of content are satisfied. For employers, the decision conveys a further important message. Internal operational shortcomings, organisational problems or temporary absences of staff cannot be relied upon to delay legal effects, nor may they lead to legal consequences to the employee’s detriment. In a digital environment, it is particularly important that organisations structure their processes accordingly, ensuring continuous accessibility and the capacity to receive legal declarations.