Ghosting in the Workplace

"Ghosting in the Workplace": A Contemporary Reality

In the current job landscape, a phenomenon known as "ghosting in the workplace" has become increasingly prevalent. While the term may sound modern, the act of disappearing without notice has always been present to some extent. However, it seems to be more common among the millennial and centennial generations. Ghosting in the workplace occurs when an employee simply stops showing up to work, without providing explanations or prior notice. This raises a crucial and still debated question: does it constitute an implicit dismissal or a resignation?

Ghosting during the probationary period

It is important to remember that the probationary period benefits both the employer and the employee. During this time, both parties have the freedom to terminate the contract without the need for notice or justification. If an employee disappears during this period, the company has the right to notify their departure to Social Security and provide them with a settlement corresponding to the days worked. Since no notice is required during the probationary period, deductions cannot be made for lack of notice.

However, it is crucial to exercise caution before proceeding with the departure notification to Social Security. It is essential to ensure that the employee is not absent due to temporary incapacity, as workers are no longer required to submit a sick leave certificate to their employer.

Ghosting after the probationary period

If an employee disappears after the probationary period has ended, the question arises as to whether it constitutes a voluntary resignation or if disciplinary dismissal for unjustified absences is justified. Failure to take appropriate action may lead the courts to interpret the situation as an implicit dismissal, which could result in a declaration of unfair dismissal or, in cases of particularly protected employees, even nullity of dismissal.

In summary, ghosting in the workplace is a phenomenon that presents challenges for both employers and employees. It is crucial to address these situations properly, following established legal procedures, to avoid potential legal implications and protect the rights of all parties involved. Clarity in human resources policies and open communication can significantly contribute to preventing and effectively addressing ghosting in the workplace.