A WhatsApp arrives: “Don’t come in tomorrow, you’re dismissed.” Or a short email, with no reason and no date. It is a dismissal, but it may not meet what the law asks for the dismissal to be valid in form. Handled well, that works in your favour. What you need to do now is prove it and not let the deadline pass.

The Statute demands writing, but does not say by what means

Article 55.1 of the Estatuto de los Trabajadores (Workers Statute) says dismissal must be notified in writing, stating the facts behind it and the date it takes effect. It does not limit the medium: it neither says “paper letter” nor mentions messages or emails. Whether a WhatsApp or an email counts as writing will be assessed case by case by the judge. There is no rule in the Statute that settles it, and I will not invent one for you.

What is clear is what it must contain. A message can be “writing” and still breach the form if it lacks those two things.

Item Must it appear? How a message usually fails
Facts behind the dismissal Yes (art. 55.1) “You’re dismissed” with no reason
Effective date Yes (art. 55.1) “Don’t come tomorrow”, with no date for when it ends
Ground and notice (objective dismissal) Yes (art. 53.1) No mention of severance at your disposal
Signature or personal notification Depends on the case A group chat or a message with no identifiable sender

If the form is missing, the dismissal is unfair

Article 55.4 says a dismissal is unfair when its form does not comply with paragraph 1. That means that even if the employer had a real reason, a message with no facts and no date is an argument for unfairness. If the dismissal is declared unfair, article 56.1 gives the employer five days from the judgment to choose between taking you back or paying 33 days per year up to 24 months’ pay.

One important caveat: under article 55.2, the employer can repeat the dismissal, meeting the omitted requirements, within the 20 days after the first. That second dismissal takes effect from its date and must pay you the wages for the days in between, keeping you registered with Social Security. In other words, a defect of form guarantees nothing if the employer fixes it in time. Expect that.

Keep the proof before anything else

The message is your evidence, and it is easily lost. Do this the same day:

  1. Full screenshots, with the date, time and the name or number of the sender visible.
  2. Export the chat from the app itself and email it to yourself.
  3. Save any audio if they told you by voice note.
  4. Forward the email to a personal account, with the full header if you are asked for it later.
  5. Do not delete the conversation, even if the employer deletes theirs.
  6. If there are witnesses who saw or heard something, note names and phone numbers.

What to do when everything is verbal or nearly so, and how the date is proved, is in verbal dismissal: what to do.

An example with dates and figures

On Tuesday 3 November 2026 Lucas receives this WhatsApp from his boss: “From today you don’t need to come in any more.” He earns €18,250 gross a year (€50 a day) and has 3 years of service.

  • Effective date: 3 November. The first working day is Wednesday 4 November.
  • The 20 working days end on Tuesday 1 December 2026, not counting local holidays.
  • If the dismissal is declared unfair and the employer chooses to pay: 3 × 33 = 99 days × €50 = €4,950.
  • If the employer repeats it with a letter within the next 20 days, the new dismissal takes effect from its date and Lucas is paid the wages in between.

The calculation with your salary and length of service is in the severance pay calculator.

If you dispute the reason for dismissal, check how to calculate unfair dismissal severance in Spain before accepting the employer’s breakdown.

What not to do after the message

  • Do not reply “ok” or “I’m leaving”. It can be used as acceptance or as resignation.
  • Do not stop going without leaving a record. The employer may claim you abandoned the job. Ask for written confirmation with the effective date and, if they do not give it, go with a colleague or send a formal communication.
  • Do not sign a finiquito (final settlement) or a “mutual agreement” document. Sign “not in agreement” if you disagree; there is a guide in how to sign the finiquito not in agreement.
  • Do not wait for the letter: the 20-working-day deadline does not depend on them sending you one. See how long you have to claim.

Why your case may be different

  • The message gives the facts and the date. Then the employer will say the form is met, and the dispute moves to whether the facts are true and serious.
  • Your collective agreement (convenio) requires other formalities. Article 55.1 lets the agreement add formal requirements.
  • You are a representative or union delegate. A prior adversarial file applies (art. 55.1) and, if it was not followed, the dismissal is defective.
  • You are in your trial period. Different rules apply; see dismissal during the trial period.
  • The message is from a colleague or from HR with no clear authority. Keep it anyway, but ask the company to confirm.

What to do in the next 48 hours

  1. Save the evidence, as above.
  2. Ask in writing for confirmation of the dismissal with the facts and the effective date.
  3. Work out the last day of your 20 working days.
  4. File the conciliation request this week, not on the last day.
  5. Book your appointment for unemployment benefit (paro): dismissal is a legal situation of unemployment.

This information is general guidance. When deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.