The use of digital devices within organizations and institutions has been booming since confinement meant improving the country’s technological development. Within this context, the National Court has certified, through a ruling, the communications to permanent discontinuous workers made with electronic means such as WhatsApp, provided that the advance requirements are met and no type of right is violated.
The context of this decision comes from an estimate made by the UGT through an agreement against the counseling services company Constant. In said judgment of December 5, it was alleged that the method used to contact the discontinuous permanent workers had not been done “in accordance with the law.” Despite the fact that the Chamber recognizes that communications must always be in writing, either by WhatsApp, text message or handwriting.
The Chamber understands that the communications are valid as long as they are made in writing, “by email or by any other means that allows proof of due notification to the person concerned with precise indications of the conditions of their incorporation.”
The contact information includes both telephone numbers and emails as long as the worker communicates these options to the company during the start of the provision of their services, it being understood that they could also be made later on. In this way, the use of messages such as WhatsApp is completely legal.