Termination via WhatsApp - is this legal?
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Relationships are now quickly ended via WhatsApp. But in this practical tip, we clarify whether termination of an employment relationship via Messenger is legal.
Terminate employment relationships via WhatsApp - is that possible?
Again and again there are outrages in which employees are said to have been dismissed by the boss via WhatsApp. But a simple text message is not enough:
- No matter what employment relationship you are in, a termination must always be made in writing. This is what Section 623 of the German Civil Code (BGB) requires. The electronic form is completely excluded.
- Therefore a mere message via WhatsApp, Facebook or other messenger is ineffective. Even an email - even if it is digitally signed - does not end the employment relationship.
- By the way: Even if something else is agreed in the employment contract, a non-written termination remains ineffective. Section 623 of the German Civil Code is not subject to disposition and is therefore also effective if something else is contractually stipulated.
- The same also applies in Austria, as the Supreme Court ruled (Az: 9 ObA 110 / 15i). In Switzerland, however, there is no comparable regulation, which is why termination could be effective here.
You can log out of WhatsApp so that you do not receive any cancellations from your boss via Messenger.