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Is it possible to fire someone via email or WhatsApp?

Technology is not going to change the way we communicate.

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Is it possible to fire someone via email or WhatsApp?

Technology is not going to change the way we communicate. Sometimes, it even allows us to avoid awkward conversations or encounters. Although it may seem difficult to end a WhatsApp relationship, it is quick and painless for the sender. What if they are in a relationship that is working? Is it possible to fire them through a sad email

Although the legislation doesn't specify which channels can be used to inform them that they don't have us anymore, it does set out some requirements. "Notifying a dismissal electronically is not in compliance with Spanish labor law if it does not include a formal termination letter explaining the reasons for the termination of contract and the date it will become effective," he says, pointing out Pilar Cascon Ansotegui (labor partner at Almagro Law Firm, General Secretary of Governing Board of National Association of Labor Workers (ASNALA), as well as the first of these requirements.

Make sure they attach the letter with all required information. This does not validate the message. Cascon clarifies that even if the requirement is that communication be in writing, authenticity of sender may still be challenged or acknowledgement of receipt.

A second requirement is to show proof that the worker received the communication. Is it possible to meet this requirement by clicking on WhatsApp twice or reading an email confirmation notice? It may seem obvious that these platforms could be used to communicate dismissals by having an acknowledgement system. However, the Supreme Court declared that these systems were not sufficient proof in 2015. This was despite the fact that accounts can be created anonymously and with fake identities.

Cascon warns us that technology today can help us overcome these doubts. "Currently, and because of the remote work system that was implemented in response to the pandemics, there have been layoffs via platforms like Teams, Webex, or Zoom. These meetings can be recorded, and witnesses can even attend the meeting. They will confirm that the worker has received or sent the document in question.

It is best to go back to work as normal if the complete document detailing the reasons and the date of effect has not been received. The employer may claim that the worker quits the job and use it to cause dismissal. He explains that if we do this, we lose the right to challenge it within the 20 days allowed by law.

What if the employee insists on getting it? Is it up to the employee to request the letter? The company can decide whether to send the letter and what information it provides. However, if the letter is not properly completed, it will be deemed an unfair verbal dismissal for failure to determine the cause or null, if any violation of fundamental rights or legal norms is declared. In very informal cases, workers may send a burofax to inform the company that it is a dismissal with no cause. If this is not the case, the company will assume that the worker has initiated the claim. He must also request payment of salary and other related concepts, and the delivery the detailed liquidation document.

If the letter is in compliance with the requirements and we have acknowledged receipt of it, "it doesn't make sense to deny the evidence" and you can also go to a labor attorney to determine if you want to challenge it.

Cascon insists on recommending that we not reject the letter once it has been delivered to us. According to Cascon, you must sign the receipt in any appendices and annexes that are available, and add the date and the phrase "Received the document but not in compliance".

We have twenty days to contest the dismissal. But when does it start counting? After you have signed the letter or sent it? The only valid medium of communication is the written word. Therefore, the mail would be considered a notice or advance but not a formal communication. The period starts when the letter has been signed, or if it is verbally dismissed, when the worker acknowledges receipt through some communication, such as the burofax we mentioned before. However, it is impossible to give a general answer. Casuistry can be very complex and it is important to speak with a labor specialist immediately to learn how to avoid mistakes that could lead to the loss of rights.

Signing the settlement can be one of these errors. The worker must be informed about the details of the settlement's liquidation, including the vacations taken and any extra payments. They also have to pay them. It is a confirmation that the amount involved have been received, and approval has been given to their calculation. This allows the worker to easily check the amounts and concepts, as well as the receipt in our current account. It is not uncommon for a settlement to include a clause that states that the employment relationship has been terminated without any possibility of claiming any other. If this is done, there is a lower chance that a dismissal case will be filed. It is best to sign again using a formula like "received the paper and not satisfied" until it has been reviewed by a labor specialist.

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