Who also knows WhatsAppThe famous smartphone app was launched in 2009 and today billions of people are used all over the world. In the world of employment, it can be used to keep in touch with colleagues and top officers (such as shifts to set up shifts), it can also be used to protect them or protect them. Workers’ rights?
A question that is not trivial if we think of the ability in which the app is: Finally, the ability to work with encryption, weak contacts and scales, has some strength, as well as its “natural” behavior … Test in courtAgainst abuse, the employer’s illegal and against the forecast.
This is okay and for those who do not know, it is important to remember what the jurisprudence line is in this regard, mainly the cost of cost. Hence, How to use WhatsApp in a task purpose? With what rules? How do you use it for a favorable phrase and has controlled the company its responsibilities?
WhatsApp chat in court, what the law says
We have just mentioned classic use that employees make WhatsApp For informal messages related to work activity or even additional functional activities. Unfortunately, however, the app also lends itself to a device for inappropriate pressure or real Persecution The loss of subordinate workers.
In our opinion, for example, of the situations in which Boss sends messages containing crimes, threats or humiliation: these communication can be used as a dynamic test. Similarly, even messages containing illegal or discriminatory orders or non -payment of salaries or abnormal salaries can be used as evidence in court to pay the necessary payment.
In those years CASSATION Removed any doubts about the qualifications of Whit app messages As a “mechanical regenerate”, according toArt. 1712 of the civil code:
Photography, IT or cinema graphic regeneration, fungiographic recording and, in general, any other mechanical representation of facts and things represent the facts and things representing the facts and things, if they are prepared does not dismiss them with facts or things.
Summarize that the law proves that:
- Even with WhatsApp messages, photos, movies or audio recording, can help show the authenticity of your requests against the employer, such as backward background payment.
- If a person appears in the WhatsApp messages judicial screenshot (or transcript), he will have the proof of it, unless the counterpart has resisted his truth.
To give a practical example, if an employee’s WhatsApp discusses the employer’s misconduct, the unilateral changes in the agreement or as a humiliation, can certainly apply it to court. That is, it will be true as proof unless the employer shows that the message is manipulated, or that it does not really come from his mobile number.
The matter of a message or duplicate dispute
If the employer Oppose When using WhatsApp messages, those who have developed them have to prove their authenticity with other tools, such as IT evaluation or evidence. In other words, messages on the smartphone are computers according to the above art. 1712 of the civil code but, in the event of a company dispute, the employee will also have to show his correspondence with truth. By displaying a direct mobile In court or by receiving someone Chat’s forensic copy.
In the latter case, a duplicate bit is cited by digital tests, which is a kind of clone that is fully and used in the judicial site. Therefore, there is no shortage of counter.
In different cases of Screenshot of messagesThe obvious value is there, but, as it can be understood, it can be more easily competed by the employer, as the screenshot can be replaced or manipulated by editing software. Beyond the possibility that the Judge destroys the forensic report, an employee interested in stabilizing the authenticity of the screenshot will be able to connect the full chat instead of a isolated message, or seek the evidence of the same communication receipts.
Practically Judge WhatsApp Chats accept as a digital and documentary test, but have a tendency to request Technical investigations To avoid the dangers of manipulation. And, as highlighted by light Casecation phrase n. 49016 of 2017It would be preferable to support WhatsApp messages as evidence that relative copies are always “supported” through original electronic support, namely a phone phone.
WhatsApp Message is a valid two -conditioned test
In summary, in the case of the employer’s opposition, the employee should be able to show it, through his lawyer:
- The authenticity of the original – that is, the WhatsApp message actually comes from the person’s smartphone and can do the phone with an ad hoc certification through a forensic acquisition or a technician.
- Message reliability and integrity, which should not be changed in content.
In practice, if it is true that WhatsApp can be sufficient for screenshots and transcript test purposes, it is also true that they still have to get properly and deductions or manipulations. In any case, if the company disagrees with the message, the worker can seek technical reports to confirm the authenticity of the chat.
Some of the key phrases of kishan on this topic
Permanent jurisprudence of CASSATION WhatsApp supports the use of messages in court. With Decision n. 11197/2023, Sentence number 39539/2022 AndOrdinance n. 1254/2025The Supreme Court acknowledged that I WhatsApp messagesLike ordinary SMS, according to the law, according to nature Documents And they can represent complete evidence of the facts and circumstances representing them. The method of obtaining messages, such as a screenshot, is justified as long as we can demonstrate with certainty of the original and integrity of the digital document.
Finally, if it is true that jurisprudence has repeatedly confirmed the use of chats in the process of crowded, discriminatory and illegal. At the same time, he considered WhatsApp as a suitable device for dismissing an employee, but under specific conditions. What I want to repeat is that it is possible to use cell phone chats to defend the rights of our workers, against the company’s abuse, provided, however, keeping in mind the above indications. But be careful, a separate argument deserves to be dismissed by the WhatsApp.
