The Ministry of Labour, Employment, Veteran and Social Affairs has adopted a new position regarding the electronic delivery of annual leave decisions. This position represents a significant departure from previous practice and provides employers with greater legal certainty in their day-to-day operations.
Electronic Delivery of Annual Leave Decisions under the Labour Law
The Labour Law provides that a decision on the use of annual leave may be delivered to an employee in electronic form, while the employer is obliged to provide it in hard copy as well, upon the employee’s request.
The Law does not define what constitutes electronic delivery, which has raised several practical questions – whether a qualified electronic signature of an authorized person is required for the validity of the decision or whether another form of signature is sufficient, whether the decision should first be prepared in paper form and then scanned and sent to the employee, and similar issues.
The 2015 Position – Stricter Requirements
In an earlier opinion issued in 2015, the Ministry took the position that a decision delivered electronically should be scanned and that it did not have to comply with the (then applicable) Law on Electronic Signature. At the same time, particular emphasis was placed on the employer’s obligation to secure proof that the employee had received and read the delivered email, effectively requiring proof of receipt as a condition for proper service.
The New 2026 Opinion – A Broader Concept of Electronic Delivery
The Ministry’s most recent opinion, issued in May 2026, goes a step further and provides a considerably more flexible interpretation. According to the new position, given that the Labour Law does not define the concept of electronic delivery, any form of electronic communication constitutes valid delivery of an annual leave decision. This includes a decision bearing a scanned image of the authorized person’s signature (facsimile) that is delivered to the employee electronically (e.g., via email).
The Ministry further notes that compliance with the requirements for electronic signatures, within the meaning of the Law on Electronic Documents, Electronic Identification and Trust Services for Electronic Transactions, falls within the competence of the Ministry of Information and Telecommunications. In this way, the issue of the method of delivery is clearly distinguished from the issue of the validity of an electronic signature as a separate legal institution.
What Changes for Employers in Practice
A comparison of the two opinions shows that the earlier, stricter requirement, the obligation to obtain proof that the employee had received and read the delivered decision, in the new opinion is no longer included as a condition for valid delivery. The focus is now placed on the method of communication itself rather than on confirmation of receipt, providing employers with greater operational flexibility when delivering annual leave decisions via email, internal portals, or other electronic channels.
Nevertheless, despite this increased flexibility, employers should keep in mind that:
Key Considerations for Employers
Although the new opinion liberalizes the requirements for electronic delivery, employers should continue to maintain records of delivered decisions (for example, by retaining copies of sent emails). This will make it easier to prove, in the event of an employment dispute, that the employee was duly informed of the period during which annual leave was to be taken. Legal certainty is best ensured through a combination of compliance with statutory formal requirements and proper archiving of business documentation.
Author: Ana Kukobat, Junior Associate at PR Legal