• Are employer instructions sent as WhatsApp texts legally binding?

There are a lot of instances where the instructions are being sent to the employees on whatsapp. Meager things are okay, but major changes/instructions if sent on WhatsApp, are risky.
Not complying with/ignoring such whatsapp text instructions is risky? (Awaiting official letter/mail?)
What is the legal binding of the instructions sent as WhatsApp texts? 
And what are the implications esp in current times as per the epidemic act.? 
Please clarify

Thanx.
Asked 4 years ago in Labour

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22 Answers

Document which requires signature as per any law shall be mandatorily digitally signed to be a valid electronic documents. 

This the law of relating to validity of electronic documents as IT act. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. nowadays, WhatsApp is an acceptable mode of communication,

2. even the court in Delhi are presuming services of the notices through WhatsApp in which two blue lines are reflecting,

instructions through WhatsApp or any other electronic mode are legal & valid and binding upon the employee subject to its content.

 

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

4.8 on 5.0

What’s app texts are admissible in evidence 

 

2) it would be binding upon you 

 

3) you can request for confirmation by emails 

Ajay Sethi
Advocate, Mumbai
94919 Answers
7572 Consultations

5.0 on 5.0

Hi,the presumption will always be there if the information is passed by the employer over what's app 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Yes it's binding. WhatsApp is a legally applicable medium of communication

Prashant Nayak
Advocate, Mumbai
32065 Answers
183 Consultations

4.1 on 5.0

1. During lockdown even the High Courts are functioning through whatsapp and similar other social media apps due to curbs imposed on public movement.

2. The instructions, minor or major, relayed through social media have the same legal force as instructions delivered personally through hard copy to the employees.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi

If the messages are read, than those can be considered as orders received as this is the period of a global pandemic and the mode of communications are highly effected due to it. so every possible and convenient way of communication is being adopted by organisations and whatsapp is one of them 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Every mode of communication which is not of court and govt. Is valid communication  

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

1. It is not clear whether the job in under private or public employment.

2. The instructions done in due discharge of supervisory role of a superior is valid and to validate it the same need not be in writing.

3. Only for as a matter prudence or precaution in important issues the instructions may be given in writing.

3. In other words the directions to do your job over whatsapp is perfectly legal and ignoring the same may put under indiscipline and hence amenable to disciplinary proceeding.

4. So if the instructions are lawful you will have to do. In case of confusion you have right to communicate in any means you find suitable.

Devajyoti Barman
Advocate, Kolkata
22868 Answers
492 Consultations

5.0 on 5.0

The instruction sent on whatsapp or through text is valid. 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Ans: What are these instructions that are being sent on WhatsApp is crucial. You should enquire in your office if these instructions are binding however, there is no law for such rules to be legally binding upon you. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Dear Sir/Madam,

In a case in the year 2015, Hon'ble Supreme Court has averred that the information and evidence available through electronic devices will be a valid proof. Also during present pandemic, the instructions through whatsapp would be vaild.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

As apprehended by you, your apprehension is correct as to veracity of the same.

Going by the present situation, and based on directions of Supreme Court & respective High Courts, the messages sent through WhatsApp are legally valid and admissible.

Case on hand, things pertaining to major changes / instructions you may get the same confirmed by send e-mail to concerned and also to HOD requesting them for confirmation.

You are bound to follow the instructions sent to you through WhatsApp.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

Yes, same are binding as per internal policy of your company. Now Evidence Act is amended as follows as such such messages are legally binding on all the concerned and admissible as legal evidence.

==================================================================

Section 65B in The Indian Evidence Act, 1872

1[65B. Admissibility of electronic records.—

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:—

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.

(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by computers, whether—

(a) by a combination of computers operating over that period; or

(b) by different computers operating in succession over that period; or

(c) by different combinations of computers operating in succession over that period; or

(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes, if your company is authorized to work from home. Than you have to obey all instructions of your employer. If the government don't permit in this epidemic period to do production or work than without machinery and tools and transportation facility you will be not able to do work. Yes here you have to inform your employer what types of problems you are facing in these conditions. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

The whatsApp messages are accepted as legally valid evidence even by courts in the normal circumstances too.

The I-T Act recognises electronic communication as proof in court. .

Legal notice or messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof that the respondent has accepted the physical copies of the communication, said Bombay High Court.

The icon indicators clearly show that not only were the message and its attachment delivered to the respondent's number, but that both were opened," Justice Patel said.

Therefore the instructions sent through this mode of communication and has been seen by the recipient can be held as legally acceptable mode of communication.

 

Thus agitating over this or disclaiming the legality of this may be construed as an illegal act.

 

T Kalaiselvan
Advocate, Vellore
85119 Answers
2215 Consultations

5.0 on 5.0

- As per the Information Technology Act, electronic communication can be produce as a proof in court.
- Further, messages sent through WhatsApp messaging app are valid legal evidence under law, and the blue tick over the messaging app is a valid proof.
- But other side, the messages through whatsup are not admissible as primary evidence, It should be supported by any other documentary evidence.
- Hence, the employer can instruct its employee through whatsapp legally , if the said employees having instructions for the same for using the same compulsory.

- However, during the lock down period , it can be used , with the calling facility as well. 

Mohammed Shahzad
Advocate, Delhi
13350 Answers
199 Consultations

5.0 on 5.0

1. Instructions sent through digital mode like whatsapp is legally valid.

 

2. The Apex court has opined that notice sent by whatsapp is also valid.

 

3. The Epidemic Act has no bearing on the issue.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

They are as good as a notifications/orders published otherwise and are recognised in terms of the provisions of the Information Technology Act. As long as you’re using Whatasapp and have access to it, you can’t feign ignorance to these instructions being passed on to your by your employer via WhatsApp. 

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

1. Yes ignoring instructions of whatsapp can be risky as it is also a valid means of communication if you are using this platform. 

2. Instructions on whatsapp are legally binding.

3. It can be used as official medium to transmitting instructions whether there is pandemic or not.


1. Yes ignoring instructions of whatsapp can be risky as it is also a valid means of communication if you are using this platform. 

2. Instructions on whatsapp are legally binding.

3. It can be used as official medium to transmitting instructions whether there is pandemic or not.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You are bound to follow the instructions sent to you through WhatsApp..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The WhatsApp has been accepted as a reliable communication medium and its contents cannot be tampered or denied. It is accepted by the courts as a medium of communication while sending/receiving notices. Therefore anything received is official and is admissible as evidence. It is an executive order.

Rahul Mishra
Advocate, Lucknow
14090 Answers
65 Consultations

5.0 on 5.0

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