Certified HR Email: Legal Validity for Dismissals and ERTEs

Certified Email in HR: The Key to Legal Validity for Dismissals, ERTEs, and Contracts

In the complex web of labor law, communication between a company and an employee is of paramount importance. Not only for maintaining a fluid and professional relationship, but, above all, for ensuring legal certainty for both parties. In this context, the role of certified email in Human Resources emerges as an indispensable tool, providing irrefutable proof of the receipt and content of crucial communications. Its legal validity is fundamental when managing dismissals, formalizing Temporary Employment Regulation Files (ERTEs), and establishing employment contracts.

Traditionally, the notification of relevant facts in the workplace was carried out via registered mail with return receipt or hand delivery with acknowledgment of receipt. While these methods remain valid, digitalization has brought about efficient and secure alternatives. Certified email, also known as certified electronic mail or email with evidentiary value, is not a simple email sent with a copy to oneself. It is a specific service that guarantees the identity of the sender and recipient, the date and time of sending and receipt, and the integrity of the message content. This makes it a strategic ally for the HR department.

What Exactly is Certified Email and Why is it Crucial in HR?

Certified email is an email that, through the use of specific technologies and services, generates irrefutable proof of its sending and receipt. This proof usually materializes in a digital certificate or an evidentiary record that attests that the message has been sent to a specific electronic address and that it has been effectively opened by the recipient at a determined date and time. The key elements that confer legal validity to certified email are:

• Identification of Sender and Recipient: It ensures that the message comes from the authorized person or entity and is addressed to the correct person.
• Date and Time of Sending and Receipt: It establishes a precise temporal record of when the email was sent and when it was opened.
• Content Integrity: It guarantees that the message has not been altered from its sending to its receipt.
• Non-Repudiation: The recipient cannot deny having received and, in many cases, having read the content of the message.

In the field of Human Resources, where decisions and communications have a direct impact on people's working lives and the company's operations, having this certainty is vital. It helps to avoid disputes, unfounded claims, and simplifies administrative and legal processes.

Legal Validity of Certified Email for Dismissals

The dismissal of an employee is one of the most sensitive and legally complex communications within the employment relationship. The notification must be clear, detailed, and, fundamentally, provable. Certified email offers a robust solution to meet these requirements:

• Formal and Dated Notification: It allows the dismissal letter (indicating the causes, effective date, etc.) to be sent officially and with an unalterable timestamp. This is crucial for complying with the legal deadlines established for dismissal notification.
• Proof of Receipt: In case the employee claims not to have received the notification, the certificate issued by the certified email service will serve as irrefutable proof that the message was sent and received in their inbox.
• Unalterable Record: The content of the dismissal letter, as well as the acknowledgment of receipt, are securely recorded, preventing future manipulation or denial.
• Compliance with Legal Requirements: In many jurisdictions, the demonstrable notification of the causes for dismissal is an indispensable requirement for its validity. Certified email helps to meet this requirement efficiently.

It is important to note that, while certified email provides a very high evidentiary value, in some specific cases and depending on local legislation, it may be necessary to supplement this communication with other methods to ensure full legal protection. However, for most dismissal communications, certified email is a top-tier tool.

Certified Email and its Role in ERTEs (Temporary Employment Regulation Files)

ERTEs, especially during periods of economic or health crisis, have gained significant relevance. The management of these temporary regulations involves a series of formal communications and strict deadlines with both employees and labor authorities. Certified email plays a fundamental role in:

• Notification to Employees: Communicating the details of the ERTE to affected employees, such as start and end dates, suspension or reduction of working hours, and any other relevant conditions, can be done in a certified manner. This ensures that everyone is duly informed and reduces the risk of misunderstandings or subsequent claims.
• Communication with Employee Representatives: During the consultation period, communication with works councils or union delegates must be fluid and documented. Certified emails can be used to send draft agreements, requests for information, or formal notifications.
• Compliance with Administrative Deadlines: Applications and communications with the State Public Employment Service (SEPE) and other administrations may require the submission of proof of notification to employees. The sending and receipt certificate of the email guarantees the effectiveness of these notifications.
• Historical Record: ERTEs can have a considerable duration and be subject to subsequent audits. Having a certified record of all ERTE-related communications facilitates management and demonstration of regulatory compliance.

The agility and security provided by certified email are especially valuable in ERTE situations, where speed in communication is key for correct implementation and compliance with current regulations.

Employment Contracts and the Security of Certified Email

The formalization of employment contracts is the basis of the employment relationship. While handwritten or digital signatures are usually the primary method for stipulating terms and conditions, certified email can be a valuable complementary tool, especially in:

• Sending the Contract Proposal: Before final signing, companies often send a detailed contract proposal to candidates. Using certified email for this submission ensures that the candidate has received the formal offer and its conditions.
• Notification of Modifications or Extensions: Any substantial change in the terms of a contract, as well as notification of extensions, can be communicated via certified email to have proof of receipt.
• Additional Agreements: Supplementary agreements or pacts referring to the main contract can be formalized and notified in a certified manner, strengthening their validity.
• Proof of Acceptance (in some cases): While signing is the definitive act of acceptance, certified email can be proof that the candidate has had access to and, on occasion, has responded to the contract proposal.

The legal certainty provided by certified email not only protects the company against potential litigation but also offers transparency and clarity to the employee, creating a solid foundation for the employment relationship.

How to Implement Certified Email in Your HR Department?

Implementing a certified email system in HR is not complex. Various specialized platforms and services are available that integrate easily with common email tools. When choosing a provider, it is important to consider:

• Regulatory Compliance: Ensure that the service complies with current regulations on data protection (GDPR) and electronic signatures or electronic communications with evidentiary value.
• Reliability and Security: Opt for providers with a proven track record of security and reliability, offering robust certificates and secure communication records.
• Ease of Use: The platform should be intuitive for HR staff, allowing them to send and manage certified emails without complications.
• Technical Support: Having good customer service and technical support is essential for resolving any doubts or incidents.

Investing in a certified email system is a strategic investment that prevents litigation, optimizes processes, and strengthens the company's legal security in its interactions with employees.

Conclusion: An Indispensable Step Towards Legal Security in HR

In an increasingly digitized and regulated work environment, the ability to irrefutably prove communications is an imperative need. Certified email in HR is not a luxury, but a fundamental tool for ensuring the legal validity of actions as critical as dismissals, ERTE management, and contract formalization. By adopting this technology, companies not only avoid legal and economic risks but also promote greater transparency and professionalism in their labor relations.