We analyze the legal validity of communications through instant messaging such as WhatsApp in the workplace.
Messages sent via WhatsApp are considered valid provided that other conclusive evidence regarding the worker's intent is present, such as their own statements or statements from other witnesses
As is widely known, the use of computer applications through social networks and mobile instant messaging applications such as Skype, Telegram, Line or WhatsApp has increased significantly, which is giving rise to new labor conflicts when conversations are held in the field of labor relations.
Are communications made through instant messaging applications valid in the workplace?
Regarding messages sent via WhatsApp, there are some controversies surrounding how to prove an employee's intent in certain situations. In this respect, a ruling by the High Court of Justice of Madrid on June 10, 2015, found that a female employee had voluntarily resigned after expressing her intention to leave the company to her colleagues and supervisor through several messages on the aforementioned application. In this case, to reach this decision, the Court not only considered the WhatsApp communication but also assessed other crucial evidence regarding the employee's intent, such as the statements of other witnesses.
Regarding the validity of dismissal or any other decision modifying the employment relationship communicated through instant messaging, both legal regulations and case law require a series of guarantees to preserve the worker's right to defense in these new situations. Therefore, the communication of dismissal or a substantial modification of their conditions must necessarily be made in writing, clearly expressing the cause of termination and/or modification, the effective date, as well as the facts that motivate it.
Can WhatsApp messages be used as evidence in a trial?
Given the widespread use of instant messaging applications, anyone involved in legal proceedings wonders whether messages sent through these applications are valid evidence admissible in court.
Given that this is a relatively recent issue, there is a certain legal vacuum surrounding it. Until now, case law has admitted WhatsApp messages as electronic evidence, provided they were obtained lawfully, that is, without violating the right to privacy or the confidentiality of communications. It is also important to point out that to use WhatsApp messages as evidence in court, their authenticity and integrity must be proven, as they are easily manipulated.
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A graduate in Law from the University of Barcelona, she also completed a Master's degree specializing in Labor Law and Social Security at the Barcelona Bar Association. She began her professional career as an intern while studying and later joined the Navarro Law Firm as an employment lawyer, advising companies nationwide on labor law matters and representing them before the Labor Courts, the Labor Inspectorate, in conciliation proceedings, etc. In February 2017, she joined Àmbit Jurídic i Econòmic as a professional partner after extensive experience as an employment lawyer.
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