El mensaje de WhatsApp por el que una empresa considera que has dimitido y no te paga el despido

“With all the respect in the world but on Monday don’t count on me. Greetings and anyway, thank you.” This is the WhatsApp message that a discontinuous permanent worker sent to his company, after the company asked him on a Friday to join on Monday to do a 10-day job.

The Spanish justice has considered that this message by said application represents a worker’s resignation and that this entitles the company to dismiss the worker and that he cannot claim his dismissal.

He Superior Court of Justice (TSJ) of Galicia considers that there is a withdrawal from the employment relationship since the WhatsApp message represents “an express manifestation by the worker of his intention to terminate the existing employment relationship“, as stated in his ruling of February 12.

Fixed discontinued since 2018

The worker had been providing services for the company since 2018 Servitec Noreste, SL., as fixed discontinuous. In the first call, the worker provided services for 7 months; In the second, in 2019, he worked only for 30 days; and throughout 2020 they did not call him again due to the pandemic.

Faced with this situation, the worker presented a conciliation document but, after Servitec claimed that the lack of a call was due to “the uncertainty of the sector” and “administrative limitations”, the worker decided not to file a dismissal claim. So, in September 2021, the company called him on a Friday so that he joins the following Monday to the work center Bergondo (La Coruña) to work for 10 days.

Response by WhatsApp

The worker was deeply outraged by this situation and angrily responded to the company. via WhatsApp the following: “No thanks, the truth is that after two years no one deigned to talk to me, to inform me of my situation in the company, and you come to me on a Friday telling me that on Monday I am going to work for a week and a half of contract ?

“No, thank you, I’m not that desperate. With all due respect in the world but on Monday don’t count on me. Greetings and anyway, thank you,” the worker concluded bluntly.

After this message, In 2022 the company did not call the worker again. This caused him to promote a second act of conciliation against Servitec, which ended in trial for unfair dismissal. He Court of First Instance 1 of La Coruña He agreed with the company considering that there had been no unfair dismissal.

Worker withdrawal

Faced with this sentence, the worker presented an appeal, so that the TSJ of Galiciafar from agreeing with him by considering the dismissal to be justified, rejected his appeal considering that It was this one who had resigned in 2021.

The second instance ruling considers, on the one hand, that there was no call in 2022 by the company by not complying with the legal requirements to estimate its possible validity and effectiveness, according to the article 16.3 of the Workers’ Statute (ET).

But in this case this does not affect given that in 2021 the employment relationship had already ended due to worker withdrawal. “There is express manifestation by the worker of his intention to end the existing employment relationship. Well, this is how it is extracted from the content of WhatsApp,” the ruling concludes.

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Source: Antena3

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