Labor Dismissal for Unjustified Absences and Informal Notification
When an organization decides to dismiss an employee for multiple unjustified absences, the communication process must follow strict legal requirements. However, if the person is temporarily abroad or in circumstances that hinder formal notification, receiving the information via instant messaging does not constitute a legally valid communication 📱.
Problems with Non-Formalized Notification
The dismissal communication must comply with formats established by law, ensuring that the worker receives the complete information under appropriate conditions. When only an informal channel like WhatsApp or Telegram is used, the legal certainty necessary to validate the procedure is lost.
Elements that invalidate informal notification:- Lack of documentary formality that proves receipt
- Absence of procedural guarantees in the communication
- Impossibility of proving that the worker fully understood the situation
Notifying a dismissal via instant message is like throwing a bottle into the sea: it might reach somewhere, but you'll never know if it was read or properly understood.
Legal Consequences of Deficient Communication
The lack of valid notification prevents the company from demonstrating compliance with basic procedural guarantees. This inevitably leads to the declaration of impropriety of the dismissal by the courts, which prioritize the protection of labor rights.
Immediate legal effects:- Procedural nullity of the disciplinary action
- Company obligation to reinstate the worker
- Alternative of economic compensation equivalent
Importance of the Formal Communication Channel
Official notification methods such as burofax, certified letter, or in-person communication with witnesses provide the legal security necessary for both parties. Any deviation from these channels can completely annul the dismissal action, even when the unjustified absences are real and demonstrable ⚖️.