Thu. Mar 21st, 2019

A message from WhatsApp is not enough to communicate a dismissal

A message from WhatsApp is not enough to communicate a dismissal

UGT argues that WhatsApp or any other similar application and some social networks like Facebook or Twitter are not valid tools for a company to communicate a dismissal to a worker.

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According to the union defends, this type of apps and social networks allow the free creation of accounts anonymously, that is, without verifying authentically the owner, so it is perfectly possible to issue false communications or whose authorship is not reliably accredited .

As a consequence, with these applications it is not possible to verify who is the real author of the messages, nor do they allow to have proof of their reception by the recipient, so they should not be a valid means of communicating a dismissal.

Therefore, consider that, Even if the employer communicates the dismissal by means such as WhatsApp so that the contractual termination is valid, it will be necessary to notify the worker in writing through the corresponding dismissal letter, either by direct physical delivery or by sending a bureaufax that allows you to have reliable proof of receipt.

Now, UGT warns that If the worker who receives a notification of dismissal through WhatsApp stops going to his job, he risks that the employer can claim that there is no such dismissal, but a breach of contract by the worker to stop attending voluntarily to his post of work, which would leave the worker without compensation and without the right to receive the unemployment benefit, and it would be necessary to resort to a judicial procedure to prove that the dismissal had previously taken place through the communication received by the worker through WhatsApp.

To avoid this situation, it is recommended that the worker go to his job as if he had not received any WhatsApp message and, if necessary, demand the delivery of the dismissal letter.

If the employer refuses to give the dismissal letter or does not allow him to access the job, the worker, as explained by UGT, must collect evidence that allows him to report the company for unfair dismissal.



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