This article was automatically translated from HIBAPRESS, the Arabic version:
Heba Press – Muhammad Zariyouh
In a new legal development, the Moroccan Court of Cassation has handed down a ruling according to which the “WhatsApp” application is recognized as a legal means of informing the employer of absences resulting from illness.
This decision is the first of its kind and comes in a context of increasing use of digital technology as a major tool for professional communication.
The case began when the Court of Appeal refused to accept evidence provided by an employee to justify her absence due to illness via WhatsApp, and considered that this constituted abandonment of work. The Court of Cassation, however, overturned this judgment, noting that the application is widely used within the company as an official means of communication, which means that using it to report an absence is legitimate and acceptable behavior.
-On the merits of the judgment, the court confirmed that the operator’s rejection of this method conflicts with modern professional reality, especially if “WhatsApp” is adopted as the main means of internal communication. She also highlighted the need to adapt legislation to technological changes, ensuring a balanced relationship between workers’ rights and business requirements.
This decision represents a turning point in the recognition of digital tools in the legal framework and demonstrates the need to update legislation to keep pace with the rapid transformations of work environments. It also reflects the importance of flexibility in handling digital evidence, to ensure justice is served in light of technological advances.
With this judgment, the way is opened for broader discussions on the development of the legal framework in such a way as to strengthen the confidence of employees in the use of technology and at the same time preserve the rights of employers, so that “WhatsApp » and other digital applications become legal. tools in the modern world of work.
Morocco
