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Publicado el 18/1/2016
A judge of the Supreme Court of Madrid has given validity to a voluntary resignation communicated by a mobile messaging application superior because it is considered 'aware' to be answered by this means.
The world of electronic communications is installed in the labor sector. These systems favor the speed and efficiency at work, but also generate conflicts, as in the case of layoffs or voluntary redundancies carried out by these services. In a recent judgment of the Superior Court of Justice (TSJ) of Madrid, the judge decided to give validity to a resignation of the employer by WhatsApp. But what requirements must be met to make it so?
"The electronic messaging conversations are close to verbal communication. In addition, as already shown, these systems are manipulated and can alter the content of the messages, so it is essential to have a set of evidence-other messages, witnesses, and so on, to give more strength, "says Raúl Rojas, partner work of Ecija.
In this sense, the Madrid Supreme Court ruling specifies that "the resignation may be express or tacit manner, not being necessary to fit a formal statement, it suffices that the course pursued by the same manifest their so indisputable option for breaking or termination of the employment relationship, although a will of clear, specific, conscious, firm and strict worker, revealing its purpose "is required. If it should manifest tacit conclusive facts, ie do not leave any room for reasonable doubt about its intent and scope.