Is it valid to send a resignation letter from WeChat?

Is it effective to resign by email, WeChat or SMS? Is it a written form required by law?

Zhang Li worked as a salesman in a lighting company, and the time stipulated in the contract was from August 1 day, 2065 to August 1 day, 2065.

From September 20 17 to September 8 10, Zhang Li was hospitalized due to illness, and the two sides failed to communicate on the issue of vacation. The lighting company stopped buying social security for Zhang Li on October 20 10.

2065438+0710125 October, Zhang Li sent a resignation message to his boss on WeChat. On the same day, the lighting company remitted money to Zhang Li to pay the salary for September and 10.

Zhang Li thinks that the lighting company illegally terminates the labor contract, and proposes labor arbitration, demanding that the lighting company pay the economic compensation for illegally terminating the labor contract. Later, he refused to accept arbitration and brought a lawsuit to the court.

Lighting boss

Zhang Li will be absent from work for two months in the future, and his labor relationship could have been terminated. However, considering his physical condition, he was not dismissed, but was transferred according to the basic salary of two months. This resignation was submitted by Zhang Li himself through information channels.

I didn't send the message, but my mother sent it to my mobile phone. I don't know, and I haven't written it down.

Zhang Li

court decision

Nanjing Gaochun Court found through trial that Zhang Li needed to rest due to illness in hospital. On 20 17 10, the lighting company unilaterally stopped buying social security for Zhang Li. On the premise that Zhang Li's vacation violated labor discipline, it indicated its intention to terminate the labor contract and did not terminate the labor relationship.

20 17 10 25. Zhang Li sent a resignation letter to the lighting store through WeChat, and later said that her mother sent the resignation message on Zhang Li's mobile phone, and she didn't know it, but she didn't provide conclusive evidence. Although the message was sent by her mother, Zhang Li didn't raise any objection to the lamp shop or take any remedial measures after sending her resignation message. Her behavior is regarded as tacit and based on.

In view of the fact that both parties have expressed their intention to terminate the labor contract, it can be considered that both parties have reached a consensus to terminate the labor contract. Therefore, according to the provisions of Articles 36 and 46 of People's Republic of China (PRC) Labor Contract Law, lighting companies should pay economic compensation according to the working years of Zhang Li.

Legal link

According to Article 1 1 of the Contract Law, written forms refer to contracts, letters, data messages (including telegrams, telex, faxes, electronic data interchange and e-mails) and other forms that can tangibly express contents.

According to the second paragraph of Article 1 16 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC), electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, mobile phone short messages, electronic signatures and domain names.

Therefore, the resignation of employees by email, WeChat and SMS is in written form.

For employees, based on the characteristics of instant transmission of electronic data, you need to think carefully before resigning by email, WeChat, SMS, etc.