In principle, a termination via WhatsApp is legally valid. The law does not stipulate any special formal requirements for the termination of employment, which means that notice can also be given verbally or, as in the present case, by electronic transmission.
Attention I: If the employment contract provides for written notice of termination (i.e. with a handwritten signature), termination via WhatsApp would be invalid.
Attention II: The notice of termination must be received. If the receipt of the notice of termination is disputed, this can lead to difficulties in providing evidence. Employers should always obtain a receipt for a termination.
FAQ Frequently asked questions: Quitting your job via WhatsApp
No. Although the law does not stipulate a special form for normal employment contracts, if the employment contract expressly requires the written form with signature, a termination via WhatsApp is invalid.
The notice of termination must be received. This means that the decisive factor is whether and when the message reaches the recipient. Screenshots help, but are often not enough in the event of a dispute. Employers should have the receipt acknowledged – employees should save a copy.
Yes, if the employment contract requires written form or the termination was abusive or discriminatory. Deadlines and dates must also be adhered to correctly. It is advisable to consult a lawyer for employment law.
Document termination (take screenshots, export chat)
Check employment contract: Is there a written form clause? Has the deadline been met?
Seek legal advice quickly so as not to miss any deadlines for a possible challenge or legal action.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
