[06/08/2015] The owners of the companies may be spying on Twitter, Facebook, WhatsApp, Line, Skype or LinkedIn. Even a bad tweet can generarte serious consequences as a dismissal, but is it legal dismissal itself through these social networks? Can your boss fire you with a message through WhatsApp?
Today, it is no wonder the boss comment slope through WhatsApp some task as labor relations have changed almost as much as social with new technologies. However, you should not pass certain limits and, if so, we must be clear about what is permitted by law and what is not.
So a dismissal through a social platform as WhatsApp is not legal, “it has no legal validity, and that for a dismissal can be considered valid the Workers’ Statute requires that the communication is in writing and in a reliable way,” say the company from legal aid Legálitas.
“For a dismissal can thrive in their cause and if appropriate must be provided in writing in the letter should give the worker the facts underlying the dismissal and the date of effect should appear. The employer must inform the employee representatives, if any, dismissal made “.
Therefore, the speed of WhatsApp does not work in these cases. So while your boss says you’re fired through the messaging application decision will have no legal validity unless sends the corresponding letter of dismissal in which data as “the effective date of dismissal and detailed arguments that motivate that decision. “
As also indicated Legálitas, dismissal can be claimed and the deadline for doing so is 20 working days from the effective date of dismissal -considerándose unfit Saturdays, Sundays and holidays, in addition to 24 and 31 December, according to the Statute of workers.
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