Table of Contents
- The importance of legal validity in dismissals and penalties
- Advantages of certified email in labor management
- Practical applications of certified email in dismissals and penalties
- Procedure to send labor notifications with certified email
- Frequently asked questions about certified email in labor dismissals and sanctions
All issues dealt with in Human Resources departments are of a particularly sensitive nature. The automation of communications between the company and its employees provides the immediacy, legal validity and discretion that are essential in these matters.
In particular, certified email is a perfect solution for the management of dismissals and sanctions. We analyze why it is such an advantageous tool in the workplace.
On this occasion, we focus on the following points:
- Why it is essential that communications of dismissals or sanctions be reliable.
- Advantages of choosing certified email: legal validity, confidentiality and immediacy, and cost savings.
- Most frequent applications: dismissals, sanctions and contractual modifications.
- Keys to send a certified e-mail for labor notifications with guarantees of its full legal validity.
Don’t know how to send a certified email? We explain you step by step in our guide!
The importance of legal validity in dismissals and penalties
There are no reliable figures on the number of dismissals that are contested in Spain, although there is a continuing upward trend. However, in the case of taking a company to court, the number of judgments that end in unfair dismissal exceeds 70%.
This framework alone explains the importance of labor notifications being made in compliance with the highest standards of legality. Both the employee and the company use these communications as the essential proof of their claims. In fact, it is mandatory for a dismissal to be communicated in writing; whatever is said in a conversation has to be reflected in a document to be valid.
In addition, there is another important aspect, the confidentiality of all work communications. These are matters that cannot fall into the hands of third parties, outside those involved. If so, it could affect their legal validity.
These requirements put in value the digitization of the notifications of dismissals or sanctions. A certified email complies with all of them, in addition to speeding up these procedures and reducing their costs.
Clear your doubts about the legal validity of a certified email in court!
Advantages of certified email in labor management
Why are traditional postal communications still used for company business? Surely, there is some inertia, to continue doing things as usual. Also, there is some questioning of their evidentiary completeness if there are challenges.
These misgivings are unjustified in view of the benefits for a company of adopting this communication solution.
Legal proof of shipment and receipt
It is not a matter of opinion. There are already enough rulings confirming the validity of dismissals and sanctions communicated by means of digital notifications.
In fact, the relevant courts have made it clear that there is no specific means of delivering a letter of dismissal. All that matters is that it complies with the requirements of the Workers’ Statute and that receipt by the employee is verified.
Security and confidentiality in communications
Sending an email allows a maximum degree of discretion. The person in charge of writing it chooses the most appropriate time and place to do it without any external disturbance.
In addition, the worker himself receives this news in a totally private way. You have to think that a registered letter is delivered by hand by the postal employee. It is true that nobody reads the content or knows what it is about, but it can be an uncomfortable situation in front of the rest of the colleagues. It is a nuisance that is avoided with certified communications on the computer.
Time and cost savings
It does not seem necessary to insist on the immediacy of electronic messages and the cost savings they entail, for example, those relating to consumption of paper or postage stamps.
Another interesting aspect concerns the storage of this type of documents. In increasingly minimalist and smaller offices, every meter gained is valued because there is no need for filing cabinets or cupboards, with all their added maintenance.
Practical applications of certified email in dismissals and penalties
The most sensitive matters handled by the HR department are those related to the termination of an employee’s employment or change of conditions, as well as the application of a disciplinary punishment. These are situations that must be notified in writing, complying with a series of requirements.
Communicating them by certified e-mail is possible and a very practical solution.
- Notification of dismissal
The email must include the letter of dismissal, explaining the cause and date of termination. It must also include the amount of severance pay, if applicable, and the calculation of the severance payment.
In addition, any document or evidence that justifies the dismissal must be attached if it is the consequence of any fault committed by the employee. - Communication of disciplinary sanctions
Again, it is important to include in the mail the documentary evidence that justifies the sanction. Of course, this must be specified in detail. - Other cases: contractual modifications and notices
For changes in contract conditions and, in general, applications in which you want to guarantee maximum legal rigor, it is advisable to activate the acknowledgement of receipt option.
Check the differences between certified email and postal bureaufax online, choose the most advantageous formula in each situation!
Procedure for sending labor notifications with certified email
Automating legal communications through certified email has undeniable benefits for your company, as we have already pointed out. Certified email is probably the most obvious example of how simplicity and convenience in sending documents are compatible with efficiency and full legality.
We summarize the process of sending a certified email in just three steps:
- Selecting the right provider
It is essential to hire a qualified trusted service provider, as opposed to one that does not have this qualification. This is the key for your digital correspondence to be fully valid.
Don’t think of it as just a platform, it acts as a witness that verifies the authenticity of the entire message. The Ministry of Digital Transformation is the one that recognizes this authority and becomes part of the TSL (Trusted List of Trustworthy Electronic Service Providers). - Content and legal formalities
In labor communications, it must be ensured that the content complies with the provisions of the Workers’ Statute. For example, the causes of dismissal or sanction. That is why it is so important that the mail system certifies the unalterability of the content of the message. - Tracking and recording of communications
Dates and deadlines are decisive for communicating a dismissal or a sanction and its subsequent possibility of challenge. Certified digital messaging allows you to control the delivery in real time and, just as importantly, to be able to authenticate this traceability at any time.
MailComms Group’ s omnichannel communication allows us to activate other communication channels (SMS, WhatsApp, postal or electronic bureaufax) in case of several failed attempts to receive the certified email.
This is just one of the advantages of hiring us as your trusted and qualified e-services provider,contact us and find out what we have to offer!
Frequently asked questions about certified email in labor dismissals and sanctions
Is it legal to notify a dismissal by certified email?
Yes, it has full legal validity as long as the requirements reflected in the Workers’ Statute are met. But, in addition, it is essential to ensure that the worker has received it. As simple as enabling the acknowledgement of receipt option.
What must a certified email include to notify a labor sanction?
The essential requirements are that the date and time of sending, that the recipient is identified and the cause of the sanction is made explicit. Of course, guaranteeing the unalterability of the data and any attached documents, which is achieved by certifying the mail.
How to keep the proof of sending and receiving the certified email?
The platform used to send the message, in our case CertySign, is responsible for maintaining the secure custody of all communications and the evidence they generate for as long as necessary to provide them as evidence in litigation or claims.
Can an employee reject the notification sent by certified email?
The employee may refuse to read it, but the probative value is provided by the guarantee of receipt, and this is achieved by sending a certified email. In addition, you can add the acknowledgement of receipt, which confirms that the recipient has opened the message.