Electronic communication with trade unions – upcoming changes

The government plans to facilitate communication between employers, trade unions and employee councils by allowing greater use of electronic forms. The changes are aimed at simplifying procedures and adapting regulations to the realities of digital communication in the workplace.

The amendment to the Labour Code, the Trade Unions Act and the Act on Informing Employees has been included in the list of legislative work of the Council of Ministers (draft UDER 82). The government is to address the drafts in the third and fourth quarters of 2025.

Main assumptions of the changes

The draft provides for the possibility of communication between employers and trade unions and employee councils also in documentary (e.g. e-mail) or electronic form. This includes, among other things:

• consultations with trade unions on the intention to terminate an employment contract (Article 38 of the Labour Code),
• the transfer of information on the transfer of a workplace or part thereof to a new employer (Article 26¹ of the Trade Unions Act),
• providing data necessary for trade union activities (Article 28 of the Trade Unions Act),
• submitting requests and providing responses regarding information on management (Article 32(9¹) of the Trade Unions Act),
• informing employees about the economic situation, employment and planned organisational changes (Article 13 of the Act on Informing Employees).

Positions of trade unions and employers

Representatives of employee organisations declare their openness to digitisation, but point to the need for voluntary participation and mutual agreement on the forms of communication. Trade union experts emphasise that changing the form of consultation, especially in matters relating to redundancies, should not weaken the protective function of labour law. In their view, the new regulations should allow for the possibility of agreeing on communication rules in collective labour agreements.

On the other hand, representatives of the employer community welcome the direction of the changes. They point out that the electronic form not only speeds up communication processes, but also reduces the administrative burden and facilitates the documentation of consultations. Some experts are calling for even more far-reaching reforms, such as the possibility of concluding employment contracts in electronic form using a trusted or personal signature, which could better meet the needs of the labour market.

What does this mean for employers?

If the bill is passed, employers will gain new opportunities for formal communication with trade unions and employee councils. It is already worth:

• analyse your internal procedures in terms of their digitisation,
• identify areas where electronic forms could bring savings
• and greater efficiency,
• prepare proposals for agreements with the trade unions, especially if collective agreements are in place in your organisation.

How can we help you?

Our labour law team supports employers in the following areas:

• implementing new forms of communication with trade unions and employee councils,
• adapting procedures to planned legislative changes,
• consulting with employee organisations in accordance with the new requirements,
• preparing documents and internal policies in line with the proposed legislation.

If you need support in implementing the proposed changes or would like to discuss the possible risks, please contact us.