It is already legal to say goodbye to a job on WhatsApp
Que WhatsApp is an essential application for our day to dayis something well known by all. So much so that it is already common beyond personal relationships, serving as a link for companiesthat provide information services through it, and even in some public institutions that take advantage of its expansion through the majority of current terminals to contact the public, or in the field judicial, where it is accepted as crime evidenceNow, in addition, it is a valid option to say goodbye to work, according to the Superior Court of Justice
This has been determined by this body after publishing a ruling that creates a precedent regarding the voluntary withdrawal transmitted by the messaging application An assumption that is now legal and that would show the will to terminate the worker's contract, to despite using WhatsApp as a means of notifying the company. All this without producing a unfair dismissal if the resignation sent in one of these messages is accepted, which, until now, were more typical of the personal sphere.
The sentence is given for the case of a worker whosent a message to the person in charge of his workplace indicating his discomfort and his intention not to return to joinafter certain disagreements.Of course, said worker must have thought twice about what was said by WhatsApp and finally returned to work, where he found that the dismissal was had made effective It was then that he decided to sue the company for unfair dismissal alleging that the process had not been carried out according to the law.
However, the end of this judicial process, as stated in the judgment in this case, is determined by the usefulness of this application to know that both the worker and the person in charge have read the messages exchanged and that, therefore, the information has been transmitted between them. A means of communication that served to effectively inform the superior about the leave, who responded to the worker's message, leaving no doubt for the judicial body of that the communication became effective and, therefore, as valid as a regular writing by a workerThat is why it has dismissed the worker's claim, and accepted the voluntary dismissal through the message of WhatsApp
This surprises the adoption of WhatsApp in a new aspect of users' lives. And it is that, far from being relegated to the merely social or idle, this application has more and more utilities and is considered as evidence in different cases of crime. However, after demonstrating its vulnerability to changes in messages and conversations without leaving an apparent trace to be used in legal proceedings, it is necessary to have a report from a computer expert that guarantees the authenticity of said contents.
Thus, jurisprudence is created regarding the use of WhatsApp for the notification of voluntary resignations. Although the case would be very different if the situation had been the other way around, since WhatsApp is not the correct way to report a dismissal of a worker, which Yes, it would have become a unfair dismissal