2023-06-04 17:00:56
Job abandonment, a reason for disciplinary dismissal still possible?
Until recently, job abandonment might lead to dismissal for serious or gross negligence, or early termination of CDD. This also made it possible to open a right to unemployment insurance for the employee. But since the “labour market” law, there is a presumption of resignation when the employee voluntarily abandons his position. This presumption deprives the employee of any coverage by unemployment insurance..
However, this new provision raises questions for companies. Indeed, does this mean that disciplinary dismissal in the event of job abandonment is no longer possible? Or is it always possible, but with different consequences for the employee and the company? The texts are not clear on this point, which leaves companies in uncertainty.
What are the consequences for the company that dismisses for disciplinary reasons?
If a company decides despite everything to resort to disciplinary dismissal in the event of job abandonment, it exposes itself to legal consequences. In effect, Pôle Emploi might claim reimbursement of the unemployment benefits paid to the employee from the company. This situation is problematic for companies, which may have to pay twice: once to compensate the employee, and another time to reimburse Pôle Emploi.
Moreover, the companies do not know if the disciplinary dismissal in the event of abandonment of position can be considered as a serious or serious misconduct. If this is the case, this may result in higher compensation for the employee, and risk of conviction for the company in the event of a dispute in court.
An uncertain situation for companies
In short, the situation is uncertain for companies as regards recourse to disciplinary dismissal in the event of job abandonment. Although the “labour market” law aims to limit recourse to this practice, it has created gray areas for businesses. The latter need clarification on how to act in the event of job abandonment, and what the consequences are for them and for the employee. Case to follow.
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#businesses #legal #limbo
