2023-12-22 11:47:00
After the adoption by the National Assembly of a controversial immigration law, Minister of Health Aurélien Rousseau submitted his resignation and left the government on Wednesday. Sylvie Retailleau, her colleague in Higher Education and Research, wanted to do the same. But his departure was “refused” Thursday by the head of state, just like those of Gérald Darmanin last week and Élisabeth Borne in June 2022.
A very particular situation, in that, in France, a permanent employee wishing to resign cannot be forced to remain in post by their boss. Resignation is in fact a right, to which the employer cannot oppose, provided that it is expressed “clearly and unequivocally”, specifies the public service website.
Expressed orally or in writing, a resignation therefore does not require the agreement of both parties, unlike a conventional termination. It generally gives rise to notice, the duration of which is specified by the employment contract or collective agreement. The resigning employee is required to complete this last period of work, under penalty of being considered as having abandoned their position. On the other hand, he may be exempted from this by his employer, which entitles him to compensation compensating the salary he would have received during these last days worked.
No resignation for temporary contracts and fixed-term contracts
Fixed-term contracts (CDD) like temporary contracts cannot, however, be terminated before their end by the employee, unless he justifies his departure by obtaining a permanent contract in another company and is able to prove it.
Outside of this situation, only the boss can decide to terminate the contract, provided that this choice is justified by a case of force majeure, serious misconduct or by the observation of incapacity by the occupational doctor. An agreement can nevertheless be concluded between the employer and the employee to end a fixed-term contract.
Ministers without an employment contract
For ministers, appointed by presidential decree on the proposal of the Prime Minister, the situation is different. If they are considered civil servants, labor law does not apply to their functions and they do not sign a contract. They are therefore neither on permanent contract nor on fixed-term contract, cannot negotiate their salary, nor contest their dismissal in the industrial tribunal. This does not entitle them to unemployment benefits or a living wage either. On the other hand, there is no legal obstacle to their resignation.
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