Cancellation by WhatsApp: Is this legally?

Exit via WhatsApp relations - ok, no longer a rarity! But the employment relationship? Who a Cancellation by WhatsApp gets, the need not to put up with. Here all the facts Gibt's it!

The Messenger in this country has left the competition far behind. Hardly anyone has not made the download of WhatsApp for Android or iOS or Windows Phone and whatsappt every day. Previously, it was but rather a channel for private communications. Increasingly, he is now also used in a professional context.

Cancellation by WhatsAppCancellation by WhatsApp no ​​legal effect in Germany

Cancellation by WhatsApp becoming more common

It seems that more and more companies, especially their HR departments WhatsApp have discovered as a communication channel for itself. More and more stories of layoffs on the instant messaging service came to light in recent months and weeks. As you could see the events, this approach seems exactly welcome in order to avoid direct confrontation.

The most recent case has taken a dental assistant in Austria. The dentist had the staff sent a photo of termination. The official letter came only a month later. The employees now had sued and won. The Supreme Court ruled for the plaintiff because the written request was not met.

But also in Germany and Switzerland such sloppy dismissals have already occurred. The legal situation is however different in each country.

Are WhatsApp redundancies in Germany legally effective?

This question can be answered "NO" with a clear. Similarly, as in the decision of the Supreme Court in Austria, in Germany, a written form is mandatory. Arrested is in paragraph 623 of the Civil Code (BGB). It says: "The termination of employment by dismissal or dissolution of the contract must be made in writing; the electronic form is excluded."In order cancellations via messengers like WhatsApp, Viber and Co., but also via e-mail have no legal effect.

Cancellation by WhatsApp ExampleDismissals of this kind are not right

Legal differently in Switzerland

Earlier this year, also went a notice by WhatsApp from Switzerland through the press. A young employee was just before Christmas with the sentence: "You, you, we regret to announce at the end of the year!" Kicked. Supposedly the notice was sent due to holidays and lack of time on WhatsApp. The clerk was obviously upset because a coming together would have been possible in any case.

Unlike in Germany, employees in Switzerland with such a termination, under certain circumstances but helpless. The law states that the contract must be expressly stated that a notice must be in writing. this was not specified in the contract - the termination is lawful.

What to do in case of termination via Messenger

Since a notice by WhatsApp is not legally valid in Germany, an employee should not put up with this approach. Is expected by the employer does not give in, the clerk should complain. It is useful especially when the notice can not be complied with. Typically, companies then have to pay termination compensation.