The question of Permissibility of reporting sick via WhatsApp is a question that is becoming increasingly common in times of digitalization. Many Employees prefer to send a short message via the messenger service instead of contacting the boss by phone. But is that even allowed? Can you really Simply report sick via WhatsApp, without any employment law consequences to fear?
One Reporting sickness via WhatsApp poses some problems and uncertainties. Although it is practical, fast and uncomplicated to send a message, but there are some aspects to consider. A proper sick note should be sent immediately, that is, as soon as the Employees recognizes that he is not able to work. A short message on WhatsApp could be too late if the boss already expects the Employees shows up for work.
It is also questionable whether a sick note via WhatsApp really the required formal requirements corresponds. A Certificate of incapacity for work (AU) must generally be presented from the fourth day of illness at the latest. This certificate is issued to those with statutory health insurance Employees by the doctor electronically for retrieval for the Employer issued and confirms the incapacity for work of the EmployeeHowever, such a certificate cannot be sent via WhatsApp, which could potentially lead to problems.
Another important aspect is the verifiability of a sick note via WhatsApp. In the event of disputes or disagreements, it is difficult to prove that a message was actually sent and that the boss was informed. E-mail or a telephone call, however, is easier to prove and thus provides better documentation in the event of legal disputes.
Consequences under employment law can arise if a sick note is not submitted properly. Violation of the reporting obligation may result in Warning or even to a Termination leadIt is therefore advisable to follow the usual procedures and formalities in order to avoid possible consequences.
Reporting sick via WhatsApp: A legal grey area that must be regulated individually
The possibility of reporting sick via WhatsApp may seem practical at first glance. However, the legal framework is not clear and depends heavily on the individual agreements in the Employment relationship ab. In principle, the law does not provide for a specific form of sick leave notification, so in theory notification via WhatsApp is also possibleHowever, it is crucial whether the Employer explicitly allowed communication via WhatsApp or whether WhatsApp is generally a common means of communication in Pursue is accepted.
In any case, the responsibility lies with Employeesto inform the supervisor in good time about the absence due to illness. If the sick note via WhatsApp is permitted and accepted, then this communication method is OK. Nevertheless, the usual rules for the notification of the incapacity for work A short message in a WhatsApp group of the entire team is not enough. The direct supervisor must be informed and it must be stated how long the employee expects to be sick.
In practice, this means that Employees should clarify in advance whether you Employer the sick note is accepted via WhatsApp. If this is the case, the message should be worded precisely. As soon as possible, the medical certificate must then be submitted in the traditional way.
Threatening Warning: The dangers of false sick notes via WhatsApp and how to avoid them
One Warning can be done if the sick note via WhatsApp does not meet the formal requirements or the Employer this type of communication is not accepted. Employeeswho rely solely on a WhatsApp message risk a Warning. Especially if the medical certificate is not submitted in time or the Employer has explicitly excluded reporting sick via WhatsApp.
To a Warning To avoid this, Employees Make sure to consider the following points:
- Review contractual arrangements: Im Employment contract or in a Company agreement It can be specified in which form the sick note must be submitted. If the sick note via WhatsApp is not expressly permitted, it should not be used.
- Obtain subsequent confirmation: If the sick note was sent via WhatsApp, the Employees supplement this with a formal sick note to avoid misunderstandings.
- Clarify communication: In case of doubt, the Employees the conversation with the Employer Find out and clarify which communication channels are accepted in the event of illness.
By following these precautions, misunderstandings can be avoided and possible employment law consequences averted. It is important that both Employer as well as Employees communicate transparently with each other and set clear rules for reporting sick. This is the only way to avoid conflicts and ensure a smooth process.
Specialist lawyer for employment law, Dipl.-Jur. Jens Usebach LL.M. with a focus on dismissal protection & employment law from the specialist law firm JURA.CC will be happy to inform you about dismissal protection law in the event of termination of your job by the employer, as well as about filing a dismissal protection suit with the employment court in order to receive an appropriate and as high as possible severance payment from the employer and, if necessary, also a very good employment reference so that you can get a great new job!
More information at www.JURA.CC or by Phone: 0221-95814321
