“On Monday don't count on me”: the WhatsApp of a short lived employee meaning a resignation | Legal | EUROtoday

Failure to reply to the boss's name or refusing to affix the momentary place is taken into account a resignation. In these circumstances, the corporate can dismiss the employee and the employee will be unable to assert his dismissal. This is obvious from a latest ruling by the Superior Court of Justice of Galicia (the textual content of which may be consulted right here), which validates the dismissal of a discontinuous everlasting worker who refused, by way of WhatsApp, to indicate up for a ten-day sporadic job.

For the courtroom, on this case it’s irrelevant that solely that small process was supplied to the operator. Likewise, it doesn’t have in mind the brief discover with which the worker was notified (on a Friday to work on a Monday) and that he had not been known as for 2 years. The fatigue was mirrored in a part of his message: “on Monday don't count on me.” With this proof, the abandonment of labor has been confirmed in two judicial situations.

Frustration

According to the confirmed information of the ruling, the worker offered companies for a hospitality facility upkeep firm via a discontinuous everlasting contract. In 2018, he assumed the efficiency of periodic work “consisting of the preparation of the spaces in which events (musical, gastronomic, cultural) will take place within the intermittent cyclical activity of events to be carried out by the company in the summer, the duration of which It will be seven months.”

In his first name, the operator offered companies for seven months; within the second, in 2019, just for thirty days; and all through 2020 his companies weren’t required, on account of circumstances of the pandemic.

Since there was no name in 2021 both, the celebration introduced a conciliation poll for dismissal. The firm alleged that the length of the contract, signed for seven months, was solely “estimated”, to which was added “the uncertainty of the sector” and a few “administrative limitations”. The affected individual, lastly, didn’t file a dismissal declare.

In September of that 12 months, one other attraction was made, restricted to 10 days. The requested individual responded with the aforementioned WhatsApp: “No, thank you, the truth is that after two years that no one deigned to talk to me and inform me of my situation in the company, you come to me on a Friday telling me that I am going to work for a week on Monday? and a half contract?”, in addition to a “no, thank you, I'm not desperate enough to go to Boimorto to shovel the machines… you've been setting up events for months and no one called me, even if it was to tell me that you weren't counting on me, but “It seems disrespectful that you call me now to go for a week and a half.” The message ended like this: “with all the respect in the world, but on Monday don't count on me. Greetings and thank you anyway.”

In 2022, and within the absence of stories from the corporate, the employee promoted one other conciliation act, this time adopted by a trial. The social courtroom #1 of A Coruña rejected the classification of unfair dismissal and dominated in favor of the corporate in July 2023. And, within the subsequent occasion, the regional courtroom has confirmed the choice.

Willingness to desert

The magistrates level out of their ruling that the length of seven months acknowledged within the contract contained an “indication about the estimated duration of the activity”, that’s, a short lived interval “within which the worker can be called based on needs.” . Proof of that is that the worker labored on completely different events and deadlines, with out “any protest or claim.”

For the remaining, the ruling assesses the jurisprudential necessities to contemplate a resignation confirmed: conduct that reveals the choice of breaking apart; the “clear, concrete, conscious, firm and definitive will” to resign; and an “abandonment of work,” manifested in a easy lack of attendance or different motion.

Thus, the ruling continues, the corporate made its name “through appropriate and legal means,” “the worker received it” and, “through the WhatsApp application,” on the identical day, he confirmed his willingness “not to respond to the call made.” . For these causes, the contractual termination is legitimate.

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