Dismissal without a contract of employment: are you entitled to compensation?

Contents

• Is it legal to work without a contract?
• What if you get fired without a job contract?
• How is the employment relationship demonstrated without a signed contract?
• What evidence is valid in court?
• A real case: unsigned dismissal with WhatsApp and voice notes
• How much is the compensation for improper dismissal?
• What to do if you get fired without a contract?
• Frequently asked questions
• Conclusion

Is it legal to work without a contract?

Working without a written contract does not mean working without rights. The Workers' Statute presupposes that there is an employment relationship provided that a person provides services on a voluntary basis, paid, employed and under the direction and organization of an employer, whether or not a signed document exists.

This means that, even if the employer has not completed the contract or released the worker from the social security system, the employment relationship also exists for all legal purposes, including the right to compensation in case of dismissal.

The lack of written and discharge contract in the Social Security is not the responsibility of the worker, but a failure of the employer to carry out administrative sanctions in addition to the consequences of the work.

What if you get fired without a job contract?

When an employer decides to dispense with a worker without a written contract, he often wrongly assumes that there is no obligation to compensate, precisely because there is no signed document.

However, if it is established that there is a working relationship, the dismissal is subject to the same rules as any other: there must be a justified cause and, if it is not or is not proven, the dismissal shall be declared not applicable.

One dismissal without a contract of employment, in the absence of any documented justification, it is usually considered inappropriate by the courts, as the company cannot claim a case that it never formalized or communicated in writing.

How is the employment relationship demonstrated without a signed contract?

The absence of a contract does not prevent a claim, but it does move the focus of the claim to the evidentiary stage. It will be necessary to give evidence before the social court that there was a true working relationship, assessing such indications as:

• The existence of a specified schedule or day.
• The receipt of orders or instructions by the employer.
• The payment of a periodic remuneration.
• The integration of the worker into the organisation of the company.
• The absence of a worker's own organization (which would exclude him from acting as an autonomous one).

The more these elements can be proved, the more solid the claim against the company.

What evidence is valid in court?

In the absence of a contract, communications between workers and employers are of particularly relevant evidentiary value. The most common and effective tests include:

• WhatsApp messages where the employer gives work orders, sets hours or sends instructions.
• Voice or hearing notes with similar content.
• E-mails related to work.
• Witnesses confirming the provision of services.
• Justifications for paymenttransfers or receipts (linked, if any, to a amount claim).

Such evidence can be provided to the judicial proceedings through official procedural management systems, such as Arconte or e- justice, by e-mail to the relevant judicial body.

Once incorporated, the other party has a time limit (usually 10 days) to express whether or not it challenges the authenticity of such messages or hearings. If the company considered the documents to be false, it could bring a criminal complaint, although this requires proof of the falsehood, which is particularly difficult when the messages are authentic and are sent directly from the worker's device.

A real case: unsigned dismissal with WhatsApp and voice notes

In our office we have recently brought a case that illustrates this situation well. Our client was fired without ever having had a signed employment contract. In the absence of any cause to justify the termination of the employment relationship, the dismissal was clearly inappropriate and, due to its seniority, the corresponding compensation was EUR 17,800.

To prove the employment relationship, all WhatsApp messages exchanged with employers, as well as the hearing and voice notes in which they gave him work orders, were sent to the court from the worker's own e-mail. This was incorporated into the Arconte and Justice systems, and the opposing party was granted a 10-day period to challenge such evidence.

In the course of the proceedings, the company offered a much lower amount than was legally due, only EUR 5,000, compared with EUR 17,800 claimed for seniority. In the face of an offer so far away from actual compensation and with solid and genuine evidence, it was decided to continue the procedure and not to accept the agreement, the trial being set for February 2026.

This case confirms that the lack of contract does not leave the worker defenceless: WhatsApp messages, voice notes and other digital communications can be sufficient evidence to prove the employment relationship and obtain the appropriate compensation by law.

How much is the compensation for improper dismissal?

The amount of compensation for improper dismissal is calculated on the basis of the age of the worker in the undertaking, whether or not there is a written contract, as the actual date of the start of the provision of services is relevant.

It is therefore particularly important to be able to demonstrate, through the evidence noted above, from when the service was actually being provided, as the final amount of compensation will depend directly on this. If after dismissal you do not find a new job, remember also that you may have the right to apply for the Unemployment benefit.

What to do if you get fired without a job contract?

If you are in this situation, we recommend:

1. Collect all communication with the employer: WhatsApp, e-mails, audios, voice notes.
2. Keep payment supporting documents or any transfer received.
3. Note witnesses which can confirm the employment relationship (partners, customers, suppliers).
4. Act quicklysince the general time limit for challenging a dismissal is 20 working days.
5. Seek specialized advice to assess the available evidence and prepare the claim.

Frequently asked questions

Can you fire me if I never had a signed contract?

Yes, but if there was a real employment relationship, the dismissal must respect the same rules as any other and, if there is no justified cause, it will be inappropriate, with the right to compensation.

Do WhatsApp's messages serve as evidence in a job trial?

Yes, provided that they are properly brought to the proceedings and are not successfully challenged by the contrary.

What if the company says the messages are fake?

It may challenge them and even file a criminal complaint, but it must prove the falsehood, which is complicated when the documents are authentic.

Can I claim even if I never got discharged from Social Security?

Yeah. Failure to discharge is a failure of the employer, not an obstacle to claim as a worker.

How much time do I have to claim?

The general time limit for challenging a dismissal is 20 working days since it occurs.

Is it mandatory to go to trial or can an agreement be reached?

It is common for the company to offer compensation before the trial. If the offer is much lower than the legal one, it is often recommended to continue the procedure.

Conclusion

Not having a signed employment contract does not mean having no rights. If there was a real employment relationship, the dismissal debe cumplir las mismas garantías que cualquier otro y, si no lo hace, será improcedente, generando derecho a indemnización según la antigüedad. Las comunicaciones digitales —WhatsApp, audios, correos electrónicos— se han convertido en una herramienta probatoria clave para acreditar esta relación ante los tribunales. Ante cualquier duda, lo recomendable es buscar asesoramiento jurídico especializado cuanto antes.