Can companies fire employees via WhatsApp?

Driven by the pandemic, work has undergone changes and communication via WhatsApp has intensified. From this phenomenon came the dismissal by WhatsApp, an event that has already reached thousands of workers. Although not illegal, the employer must follow rules to minimize impacts.

Read more: Find out what your rights are in the event of resignation

Application waiver

There is no specific device in the CLT that clearly talks about dismissal by messaging apps. Thus, the Labor Court has interpreted the law in the sense that this is a practice possible, due to the popularization of applications and because it is another tool for communication.

Thus, the resignation made by WhatsApp, video call, call or text messages is considered valid. However, specialists say that it is necessary to be attentive to the way the dismissal is done, since the content used must be cordial and respectful so as not to harm the employee's honor.

see rules

Because it is a delicate moment, usually one of emotional fragility for the employee, more important than the means used is the way in which the resignation is communicated. Therefore, experts first recommend that an extremely cordial and friendly language be used, with respect for the worker.

Then the employer must make sure that the employee received the message about the dismissal. If this is not possible, it is recommended that the worker be called at the company so that his dismissal can be communicated in person.

As long as there is no disrespectful conduct in the act of dismissal, such as cursing or humiliation, if it follows these rules, there will be no possibility of generating actions in the Labor Court alleging moral damages against the employer.

For the payment of severance pay, such as a fine of 40% of the FGTS, the employer must follow the provisions of the CLT and make the bank transfer within 10 days, as well as delivering the documents proving the termination of the work.