Dismissing an employee is a process that must meet certain legal requirements to be valid. In the digital age, many companies have begun using tools such as WhatsAppEmail or even other messaging applications are used to communicate important decisions, including the termination of employment. However, a very relevant question arises: Is it valid to communicate a dismissal via WhatsApp or similar means? What do labor laws and jurisprudence actually say about these practices that are so widespread in everyday life but so delicate in the legal field?
Throughout this article, we will explore in detail the Spanish regulations on dismissal, the valid forms of notification and the role that instant messaging applications play in this process. Furthermore, we will see What can a worker do if they are fired via WhatsApp or email?What risks does the company assume when using these channels, and what are the most relevant rulings that have been setting the standard in the courts.
Can a company fire someone over WhatsApp?
Spanish labor law does not expressly prohibit a company from communicating a dismissal via WhatsApp, but this does not mean it is illegal. neither legally safe nor advisable practice. According to status of workersAccording to Articles 53 and 55, the dismissal must be notified in writingdetailing the reasons that motivate it and the date on which it will take effect, in addition to meeting certain formal and content requirements.
The main problem with firing an employee via WhatsApp is that this medium does not guarantee reliable communicationSince this is an application that allows the creation of accounts linked to phone numbers without robust identity verification, several questions arise: It is not always possible to be certain who sent the message, who actually received it, or when it was read.This directly contradicts the legal requirement that dismissal be communicated clearly, in writing, and with reliable proof of receipt.
For this reason, the courts often consider that a dismissal communicated exclusively via WhatsApp does not meet the formal requirements and they tend to declare it inadmissible when the worker challenges it. In many cases, the WhatsApp message is taken only as indication of the company's intention to terminate the relationshipbut not as a substitute for the dismissal letter required by law.
Furthermore, like other social networks or applications (Facebook, Twitter, Telegram, etc.), WhatsApp It does not, by itself, offer a system for certifying authorship and receiptTherefore, it is very easy to issue false communications or communications whose origin cannot be proven with complete certainty in court. All of this means that, today, is not a valid means on its own to notify a dismissal.
What requirements must a valid dismissal meet?
For a dismissal to be legally valid in Spain and to be considered justified, it is not enough for there to be a real cause; it is also essential that certain conditions are met. essential formalitiesAmong the most important are:
- Written notification: The company is obligated to deliver a letter of dismissal where the facts that motivate the termination and the legal basis on which it is based are clearly explained, avoiding the defenselessness of the worker.
- Guarantee of verifiable receipt: The communication must be delivered in a way that provides objective proof that the employee has received it. Being able to demonstrate that the letter reached its intended recipient is crucial in the event of a dispute.
- Indication of the effective date: It must be specified from what moment the dismissal takes effect, that is, the exact day on which the employment relationship endsA generic message is not enough.
- Respect for the additional requirements of the collective agreement: Some agreements may require additional formalities, such as the opening of a contradictory file or the prior hearing of the worker before dismissal, especially in disciplinary cases.
Depending on the type of dismissal, the law also adds other formal requirements:
- Objective dismissal: Article 53 of the Workers' Statute requires, in addition to written communication, that the company make available to the worker the legal compensation of 20 days per year of service (with a limit of 12 monthly payments) at the same time as the delivery of the letter, except for justified exceptions.
- Disciplinary dismissal: Article 55 requires that the letter include the specific facts which are based on the maximum penalty of dismissal and the date on which it will take effect, in sufficient detail to allow the worker to prepare his defense.
The most commonly used methods in practice to legally and securely notify an employee of a dismissal are:
- Hand delivery: The employee is given the termination letter in person and asked to sign a receipt. If the employee refuses to signIt is advisable that the company state this refusal in the document itself and have witnesses present, so that the delivery can also be proven.
- Burofax with certified content: It allows you to send the dismissal letter with confirmation of delivery and accreditation of the full text sent. It is one of the safest and most widely used means to guarantee the validity of the notification.
- Certified mail with return receipt: Although it offers fewer guarantees than a burofax regarding the content, it is also a valid and common method to ensure receipt.
- Notarial deed: In particularly sensitive cases, some companies resort to a notary so that draw up a record of the delivery of the letterfurther reinforcing the notification evidence.
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What to do if you are fired by WhatsApp?
If a worker receives a dismissal message via WhatsApp, the best thing to do is do not automatically assume that the dismissal is valid nor fail to act. These types of communications often suffer from formal defects that allow them to be challenged, but it is essential to react correctly from the outset in order to not to jeopardize important rights such as compensation, unemployment benefits, or the classification of the dismissal itself.
In these cases, it is advisable to act as follows:
- Continue going to work: Unless the company has issued a formal dismissal letter or physically prevents you from entering, it is prudent continue attending your jobIf you stop relying solely on WhatsApp, the company could claim voluntary abandonment of the positionwhich would leave you without compensation and without the right to unemployment benefits.
- Request a dismissal letter: The employee can, and even should, request that the dismissal be carried out through the appropriate legal channelsIt is advisable to do so by a means that leaves a record (burofax, certified email, etc.), expressly requesting the delivery of the dismissal letter, the final settlement and the company certificate.
- Collect evidence: It is essential to save screenshots of the entire conversation from WhatsApp, including previous and subsequent messages that may help contextualize the situation. If possible, it's advisable to download the chat history and keep secure copies, as these messages can be used as proof of the company's intention to terminate the relationship in case of conflict.
- Gather witnesses or documentary support: If you are denied access to your workplace or if an incident occurs, it is advisable to try to arrange for assistance. eyewitnesses (colleagues, security personnel) or even draw up a notarized statement. All of this strengthens the possibility of proving the dismissal in court.
- Consult an employment lawyer as soon as possible: A labor law specialist will be able to assess whether the dismissal is improper or void, the deadlines for filing a claim and the most appropriate strategy. Keep in mind that the deadline for challenging a dismissal is 20 working days from the effective date, so it is essential not to let time pass.
Always remember that formal communication is essential in these cases. If you find yourself in a similar situation, make sure to Act quickly, preserve all evidence, and seek advice.An appropriate reaction can make the difference between losing your rights or obtaining compensation or reinstatement.
Rulings and case law on WhatsApp dismissals
Several court rulings have addressed the validity of dismissals notified via WhatsApp and similar electronic means. In most cases, the courts have ruled These dismissals are unjustified. due to their lack of formal guarantees, but they have also recognized the probative value of the messages in certain contexts.
On the one hand, there are resolutions that emphasize that WhatsApp messages They do not have sufficient documentary value to replace the dismissal letter required by the Workers' Statute. In these cases, the court usually understands that the company has not complied with the obligation to notify in writing and in a reliable manner, which entails the declaration of inadmissibility.
On the other hand, there have also been rulings that, while not considering dismissal via WhatsApp valid, do grant these messages a relevant role as a means of proofFor example, they can serve to demonstrate that a termination decision was actually made by the company, or that the worker expressed their willingness to resign, or even that a disguised employment relationship existed.
Example of relevant sentences:
- El Superior Court of Justice of Catalonia (785/2023) determined that WhatsApp messages They do not have sufficient documentary value to validly prove a dismissal, insisting on the need to respect the formalities of Article 55 of the Workers' Statute.
- El High Court of Justice of Galicia (5/06/2015) did consider the communication of a termination valid because not to pass the trial period through WhatsApp, given that in this type of contract termination Such strict formality is not required and Article 14.2 of the Workers' Statute does not require a dismissal letter.
In other cases, the courts have admitted WhatsApp as valid means to prove the resignation of the workerprovided that the messages clearly, firmly, and consciously reflect their intention not to continue with the company. In these situations, what matters is not so much the form of the communication as the unequivocal content and its subsequent confirmation by the parties involved.
In short, current case law points to one key idea: WhatsApp can serve as evidence in the process, but it does not replace the dismissal letter. when the law requires written and verifiable notification. Using this method as the sole channel of communication carries a very high risk that the dismissal will be declared unfair.
Is it valid to fire someone via email, Telegram, or other digital means?
As with WhatsApp, email and apps like Telegram present, in principle, the same problems as lack of guarantee of receipt and authenticityIf the company sends an email or digital message but cannot prove that the employee has received or read it, the dismissal notice is invalid. is not considered valid from a formal point of view.
There are court rulings that have analyzed these situations. For example, the Judgment of the High Court of Justice of Catalonia 2096/2024 declared a dismissal communicated exclusively by email to be unfair because It was not proven that the employee had previously accepted that means as a channel for formal communications. nor that he had had effective access to the content of the message.
However, in certain very specific cases, some courts have admitted the use of email as a valid means of communication when several cumulative conditions are met: that the email is a usual channel of communication between company and employeeThe requirement is that the employee provided that address and agreed to its use for relevant notifications, and that it can be proven the message was received and read. Even so, it remains a delicate and high-risk area for the company.
With WhatsApp, the level of expectation is even higher, because it is a tool perceived as more informal and with fewer guarantees of identity verification and delivery. Consequently, the general recommendation for companies is Do not use these means as the sole form of notification of dismissalbut, in any case, as an informative supplement to the formal letter sent through reliable channels.
The law grants employees important defense rights in the case of unjustified or improperly communicated dismissals. If a dismissal is challenged and determined to be unfair, the employer must choose between reinstate the worker in their position with payment of processing wages where applicable, or compensate him in accordance with current regulationsIn more serious cases, when fundamental rights are violated, the dismissal may be declared null, which further reinforces the consequences for the company.
Given the complexity of these situations, it is especially advisable to seek the advice of a lawyer specializing in labor law To properly manage any dismissal process, from both the company's and the employee's perspectives. Good advice helps ensure that labor rights are respected, avoids costly procedural errors, and minimizes the risk of lengthy and expensive litigation.
The expansion of messaging applications in the workplace has generated reasonable doubts and increasingly frequent conflicts, but the legal framework remains clear: The dismissal must be communicated in writing and in a verifiable manner.Therefore, it is crucial for companies and workers to understand these requirements, anticipate problems, and rely on solid evidence and expert advice when an employment relationship is terminated by any means, including digital means.