On the Possibility of Substitution of the Employer's Handwritten Signature on the Notice of Dismissal by Mechanical Means
Abstract
It is only possible to replace the acting personʼs signature on the written expression of will by mechanical means (e.g. by stamp, facsimile, reproduction of the signature on the form) where this is customary. The customary nature of the case must be assessed objectively, taking into account the nature of the legal act in question and, in the context of labor law relations, also emphasizing the principle of special legal protection of the employee status.
In the case of unilateral legal acts of an employer aimed at terminating an employment relationship with an employee, it is necessary to emphasize in particular the seriousness of these legal acts and their ability to bring about the termination of the basic employment relationship, often to the detriment of the employee. In these cases - irrespective of their frequency with a particular employer - it is therefore highly desirable to guarantee that the act to terminate the employment is actually done and signed by the authorized person, which can only be ensured by manifestation of will culminating in the employer's own signature.
Therefore, in a written unilateral legal act of the employer aimed at terminating the employment relationship with the employee, the handwritten signature of the employer cannot be replaced by mechanical means; this legal act must always be signed by the employer (his statutory body or another person authorized to act on behalf of the employer), otherwise it is void.