Dismissal by burofax: Everything you need to know

Dismissal is one of the most delicate decisions that a company can make, and its communication must be precise and respectful of the legal framework in force. In a context where teleworking is becoming more and more common, dismissal by burofax has been consolidated in recent years as an optimal tool to ensure the validity and legal certainty in this type of procedure. If you want to know in detail how to manage a burofax for dismissal and its advantages, we tell you about it below.

The burofax is the preferred way for many companies to notify a dismissal, especially in situations where direct communication may not be feasible or when a legal proof of sending and receiving is required. Some of the common situations to use a burofax in a dismissal are:

• When the employee is not present at his or her place of work (for example, in cases of sick leave or teleworking).
• If there is a history of conflicts that could lead to legal disputes.
• When the employee refuses to pick up the dismissal letter in hand.

→ You might be interested in our article on what is the burofax and what is it for?

A bureaufax is a secure, urgent and legal service offered by courier and communication companies. It guarantees that a document is sent, received and read. In the labor context, the dismissal burofax is used as a means of notifying the employee of the decision to terminate the employment contract and the reasons justifying it. In a dismissal, the burofax is necessary when you want to ensure:

• The exact date and time of the communication.
• The acknowledgement of receipt certifying that the message arrived safely to its addressee.
• A record that serves as legal evidence in case of a possible legal claim.

The process of notifying a dismissal by burofax requires a meticulous approach, as this route ensures that the communication is carried out effectively and with legal backing. However, it is not enough to send the burofax; it is also essential to take care of the content of the message to avoid ambiguities that may lead to claims or misunderstandings. When it comes to drafting a burofax to dismiss an employee, the company must ensure that the document includes all the relevant details, such as the effective date of dismissal, the reasons for dismissal and information on the severance pay, compensation or any additional documents to be delivered. A poorly drafted or incomplete burofax could generate legal problems, since the employee has the right to challenge the dismissal if he/she considers that the correct procedures have not been followed. On the other hand, it should be noted that, if the worker refuses to receive the dismissal by burofax or does not withdraw it from the corresponding office, the notification is considered to have been made for all legal purposes. Case law establishes that this conduct does not invalidate the dismissal. → Find out how to notify a dismissal with legal validity.

Dismissal by bureaufax has multiple benefits for the company:

• Legal validity. The burofax is a legally valid method of communication, so it guarantees that the dismissal complies with the legal requirements of notification.
• Proof of the content sent. The exact message communicated to the employee is certified.
• Evidence in case of litigation. In a labor lawsuit, the burofax can be a key piece of evidence.
• Speed. It is an effective way to notify in a short time.
• Security. Minimizes the possibility of the employee claiming not to have received the communication.

These characteristics make the dismissal bureaufax an essential tool for sensitive labor situations.

Yes, it is completely legal to dismiss by burofax while on sick leave, as long as the sick leave itself is not the reason for the dismissal. According to Spanish regulations, a dismissal must be based on objective or disciplinary reasons and not on situations of vulnerability such as medical leave, as this could be considered discrimination. → Find out here all the information you need to send a burofax.

The procedure for sending a disciplinary dismissal burofax must be rigorous and well documented, in order to avoid possible legal problems. The main steps to follow would be:

1. Draft the letter of termination specifying the reasons, effective date and the necessary details about the severance payment, if applicable.
2. Choose the communication services company through which to send a send a burofax online, as is the case of MailComms Group. In this way, managing the sending of the burofax will be an even faster and more agile procedure.
3. Send the burofax making sure that certification of the contents and acknowledgement of receipt is included.
4. Keep a copy of all documentation for possible future claims.

This system not only avoids errors, but also brings transparency and professionalism to any process. In this respect, MailComms Group, an expert in certified certified notification services, provides you with a legal guarantee in your communications and total security, since we operate within the current legal environment.

Yes, dismissal by burofax without a severance payment is possible, but it is not advisable. The legislation does not oblige to include the severance payment in the initial communication of the dismissal, but the employee must receive it within a reasonable period of time. Failure to do so may give rise to claims by the employee, who may consider that the company is in breach of its obligations.

If a dismissal is declared unfair, the company can communicate the decision to reinstate the worker or to pay compensation, by means of a burofax. In order to manage the unfair dismissal by burofax, this must include the reference to the declaration of unfair dismissal, the company’s decision between the two legal alternatives, and the specific conditions and deadlines.

Dismissal by bureaufax is considered effective from the moment the employee receives and signs the acknowledgement of receipt. In case of an undelivered bureaufax not delivered due to absence at home, the dismissal will be effective from the moment the letter is picked up at the Post Office, not from the moment the Post Office deposits the notice. Therefore, companies must take into account the 30 calendar days that the employee has to collect the notice.