Job abandonment: what the new decree of April 18, 2023 says
If you leave your position, you are now presumed to have resigned. Concretely, if from Wednesday April 19, 2023, date of entry into force of the decree published in the Official Journal, you decide to abandon your workstation and therefore no longer go to work, your employer can (but nothing compulsory) to put you on notice to return to your job at least.
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How can you be ordered to return to work?
Your employer can now give you formal notice to return to work by registered letter or by letter delivered by hand against discharge so that you can justify your absence. The document must:
- specify the deadline within which you must return to your position. This period cannot be less than 15 calendar days (therefore weekends and public holidays included).
- remember that if you do not return to work, you will be deemed to have resigned.
Case n°1: if you have a legitimate reason for absence
If you are absent for:
your employment contract is suspended and you are no longer paid until you return to your position.
Case n°2: if you have no legitimate reason for absence
In this case, two options are possible:
- You go back to work and there, nothing changes for you.
- You do not return to work, then you will now be considered resigned. In this case, the common law rules of resignation apply:
- The notice : Depending on your collective agreement, you will have to give notice. If you refuse to perform your notice, your employer will not be required to pay you compensation in lieu of notice. Now, if it is your employer who exempts you from giving this notice, you will receive a compensatory indemnity corresponding to the wages you would have received if you had had the possibility of giving your notice. Finally, third hypothesis, if you and your employer agree to the non-execution of the notice period, you will not receive any compensatory indemnity.
- the-notice-of-dismissal
- Paid vacation allowances: your days of leave not taken must be paid to you in your total account balance.
- End of contract documents: your employer will have to give you your work certificate, your receipt for settlement of any account and an unemployment insurance certificate with the reason “resignation”.
- Your rights to unemployment insurance: this type of resignation does not entitle you to unemployment benefits. You can register with Pôle emploi to benefit from job search support services, but you will not receive unemployment benefits.
Can you contest the application of the presumption of resignation?
Yes, you can go to the industrial tribunal to challenge the application of the presumption of resignation. The judgment office of this body will then have one month to rule on the merits of this case.
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