A judge gives validity to a resignation of the employer using WhatsApp


The world of electronic communications has been installed in the labor sector. These systems favor the speed and efficiency at work, but also generate conflicts, as in the case of layoffs or voluntary redundancies carried out by these services.


In a recent judgment of the Superior Court of Justice (TSJ) of Madrid, the judge decided to give validity to a resignation of the employer by WhatsApp. But what requirements must be met to make it so? “The electronic messaging conversations are close to verbal communication. In addition, as already shown, these systems are manipulated and can alter the content of the messages, so it is essential to have a set of evidence-other messages, witnesses, and so on, to give more strength, “says Raúl Rojas, labor partner of Ecija. Accordingly, the Madrid Supreme Court judgment specifies that “the resignation may be express or tacit way, not being necessary to fit a formal statement, it suffices that the course followed by the same manifest their so indisputable option for breaking or extinction of the employment relationship, although the employee will of clear, specific, conscious, firm and strict worker, revealing its purpose “is required. If it should manifest tacit conclusive facts, namely do not leave any room for reasonable doubt about its intent and scope. As noted by Rojas in the trial course it was clearly documented intention of the employee, as it not only the message of resignation was provided, but also presented the response from the company to this communication and witness statements.

Source: Experiencia Jurídica


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