What is the legal value of native electronic documents (that do not require signature by the parties)?
The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.
Employer in the Czech Republic can create natively electronic HR records as there is generally no difference between the paper and electronic form of a document (that does not require signature) when used as evidence.
Note that if the authenticity of a record is questioned by an employee, the employer would be responsible for proving the authenticity of the record (this is true regardless of whether the record is in paper or electronic form). If a document is questioned, employers may benefit from having certain records in electronic format, particularly if the electronic record contains metadata such as a record of receipt, time stamp, and a record of any modifications.
Therefore, HR-related documents, that do not require signature, can be created directly in electronic form without need for a paper original.
Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.