The TSJ of Murcia recognises a pre-contract for an offer on InfoJobs and WhatsApp messages

The Murcia High Court of Justice has set a relevant precedent by recognising that a job offer published on InfoJobs and confirmed by WhatsApp can generate a contractual link.

In its judgment 1380/2025 of 10 July, the court declared the existence of a pre-employment contract and ordered the company to pay compensation of 8,927.48 euros to a worker who left her previous job after receiving a promise of employment, which was not fulfilled.

The case arose from an offer for an administrative position published on the InfoJobs platform. After several exchanges of messages, the employer confirmed that the candidate had been hired, pending only the start date. Relying on that confirmation, the employee voluntarily left her company, but shortly afterwards she was informed that the post had been assigned "to a relative", and the company hired another person.

The court considers that, although there was no formal signed contract, the offer and the messages exchanged reflect an agreement on the essential elements of the contract, which constitutes a pre-contract of employment. By breaching it without just cause, the company is liable for damages. The compensation awarded includes lost wages, an estimated compensation for six months of frustrated work and 2,000 euros for non-pecuniary damage.

The judgment highlights an increasingly topical issue: digital promises of employment - on job portals or through messaging applications - can have real legal effects.

The ruling warns that confirming a recruitment by these means, even informally, can be legally binding if it generates legitimate expectations in the other party. Therefore, both companies and candidates should exercise extreme caution and formalise in writing any hiring commitment to avoid future conflicts.

Article written by ECIJA Madrid Employment Law Department.