Is a resignation via a digital registered letter legally valid?

Digitization has fundamentally changed the way we work and communicate. Yet crucial moments in an employment relationship, such as a resignation, remain subject to strict legal form requirements. This leads to a logical question: is a resignation letter sent via electronic registered mail legally valid?

Yes, a judgement of the Labor Court of Antwerp of 13 October 2025 confirms that the notification of a dismissal for urgent reasons via a qualified electronic registered mail (a so-called QeRDS) is perfectly legal. The court states that this digital method is legally equivalent to the traditional registered mail letter.

Although the form of the notice was approved in this case, the dismissal itself was still declared invalid. The employer could not prove the invoked urgent reason (the facts).

The facts: a dismissal by electronic means

The case concerned an employee, an educational supervisor in a daycare center, who was dismissed for cause on March 8, 2024. The employer blamed her for, among other things, inconsistent behavior and yelling in the presence of infants and toddlers.

The employer sent the notice of the urgent reasons - a crucial step in the dismissal procedure - via an “electronic registered mail” from the company Connect Solutions.

The employee challenged her dismissal. One of her main arguments was that the dismissal procedure was formally invalid. According to her, an electronic dispatch does not meet the strict requirement of Article 35 of the Employment Contracts Act, which speaks of a “registered letter” .

The decision: electronic equals physical

The labor court swept aside the employee's formal argument and ruled that the electronic notice was indeed valid.

The court's reasoning follows a clear European and Belgian logic:

1. The eIDAS Regulation: The court refers to the European eIDAS regulation (EU 910/2014). This regulation creates a legal framework for electronic “trust services”.
2. The ‘qualified’ service (QeRDS): The regulation distinguishes between ordinary electronic registered mail and “qualified” services (QeRDS). A service is qualified if it meets the strict eIDAS requirements and is listed on the official EU Trust List . The service the employer used (Connect Solutions) is one such recognized QeRDS.
3. Legal presumption: A QeRDS provides a crucial legal presumption. Article 43.2 of the eIDAS regulation states that a QeRDS ensures data integrity, transmission by the identified sender, and receipt by the identified addressee.
4. Belgian legislation (CEL): The court emphasizes that Belgian law confirms this. The Code of Economic Law (CEL) states in Article XII.25, § 7 that when a law requires a “registered letter,” that duty is satisfied by the use of a QeRDS.

The court concluded that the electronic service used “provides the same safeguards as a physical registered letter” such as identification of sender and recipient (via e-ID or itsme) and a fixed date and time of sending.

Nevertheless, the employee was vindicated on the merits. The court ruled that the employer could not prove the facts (the shouting). The submitted audio recording was insufficient. Since the urgent reason was not proven, the dismissal was still considered irregular and the employee was entitled to a severance payment.

Legal analysis and interpretation

This judgment is an important confirmation of the digital evolution in employment law. The court's reasoning is legally conclusive and demonstrates the correct interplay between the relevant legal norms. Indeed, the court reads the requirement of a “registered letter” from the Labor Contract Law in light of the Code of Economic Law in which the European eIDAS Regulation was implemented. This EU regulation takes precedence over our national law and lays the binding legal basis for the recognition of the qualified electronic registered mail

However, the court's assertion that a QeRDS offers “the same safeguards” is remarkably cautious. Legally and technically, a QeRDS offers superior safeguards to a traditional registered letter.

• An physical registered letter only proves that an envelope was sent from A to B on a certain date. In a lawsuit, the recipient can always claim that the envelope was empty or contained something else. The sender can only produce a copy of the letter, but can never prove with 100% certainty that that copy is identical to what was in the envelope.
• An qualified electronic sending (QeRDS) on the other hand, “seals” the digital document itself. The service ensures not only transmission and receipt, but also the integrity and authenticity of the content. It is technically impossible to change the content of the letter undetected after sending.

This superior evidentiary value is a game-changer for legal notifications.

What this specifically means

For employers

• Yes, you may digitally dismiss: You can validly send the notification of a notice period or urgent reasion via electronic registered mail.
• Use only a qualified service (QeRDS): This is the crucial condition. An ordinary email, a “registered” email from an unauthorized provider, or a platform without EU qualification is absolutely invalid for a formal resignation notice. Always check that the service is on the EU Trust List.
• Provide consent: Although the court did not elaborate on it in this case (perhaps because the employee had opened the email ), it is legally appropriate to have the employee's prior consent to receive legal documents electronically. The best practice is to explicitly include this in the initial employment contract.
• The burden of proving the facts remains: As this ruling demonstrates, proper form is no guarantee of a valid dismissal. The burden of proving the facts of the urgent reason remains entirely on you.

For employees

• Do not ignore a digital registered letter: A resignation notice you receive through a qualified service (such as through e-ID or itsme) is legally valid. You cannot challenge the notice just because it is digital.
• Focus on content: The form may be valid, but the content may not be. If you are fired for urgent reason, it is up to your employer to prove those reasons in detail. In this case, the employer failed in this, leading to the payment of full severance payment.

Frequently asked questions (FAQ)

What is the difference between a regular and qualified electronic registered mail?
A qualified electronic registered delivery service (QeRDS) is provided by a provider that has been audited by a government and is on the official EU Trust List. This service meets the strict requirements of the eIDAS Regulation for identification and data integrity. A QeRDS provides a legal presumption of receipt and integrity, which an ordinary “registered e-mail” does not.

Is a resignation via regular e-mail also valid?
No. The law requires a specific form for notice of dismissal with notice (registered mail or bailiff's writ) and for notice of urgent reason (registered mail, bailiff's writ, or delivery for signature). An ordinary e-mail in no way meets these formal requirements and is therefore invalid as formal notice.

As an employee, do I have to accept an electronic registered shipment?
Under the Code of Economic Law, no one can be required to perform legal acts by electronic means unless a law mandates it or you contractually agreed to it. However, if you open the sending (for example, through itsme), it will be very difficult to claim afterwards that you did not receive the notification validly.

Conclusion

Case law confirms that the digitization of dismissal law is a reality. The qualified electronic registered letter (QeRDS), in line with Belgian and European legislation, is accepted as a full and legally watertight alternative to the paper letter. Indeed, it offers superior guarantees about the authenticity of the content.

However, this ruling painfully reminds employers in Belgium that the formal requirements are only the first hurdle. Without a conclusive factual file and watertight proof of the urgent reason, such a dismissal - no matter how perfectly served - remains invalid.