2023-06-08 17:00:13
A protective measure for employers: the presumption of resignation Until now, in the event of prolonged unjustified absence, the employer initiated a dismissal procedure for misconduct, but the law now creates a presumption of resignation in the event of abandonment From post. An employee who voluntarily abandons his position and does not return to work following being given formal notice is presumed to have resigned at the end of a period set by the employer, which may not be less than fifteen days. The employee who abandons his position in this way cannot benefit from unemployment insurance compensation, with a few exceptions. Extension of the bonus-malus on unemployment insurance contributions The bonus-malus on unemployment insurance contributions, intended to help reduce the unemployment rate, was due to expire on 31 January 2023. However, the work” authorizes its implementation until August 31, 2024. Employers with more than eleven employees and certain sectors of activity are concerned by this system of modulation of the rate of contribution. A single contract to replace several employees The law reactivates an experimental measure intended to limit the use of part-time work and to promote longer employment periods. Employers will be able to enter into a single fixed-term contract (CDD) to replace several absent employees, for an experimental period of two years from the publication of the decree of April 12, 2023. However, they cannot use this measure to permanently fill a job linked to the permanent activity of the company. All employees have the right to vote for the CSE Until now, employees assimilated to the employer were excluded from voting and eligible employees. But since article L2314-18 of the Labor Code and the “Labour Market” law, those who had a written delegation of authority allowing them to be assimilated to the employer, those who represented the employer before the representative bodies of the personnel or which represented it in the relations with the employees directly now have the quality of elector.
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