2023-05-06 12:15:43
An employee who does not come to work despite a formal notice from his employer will now be considered as having resigned.
L
e decree published in Official Journal of April 18, 2023 establishes that an employee who abandons his job, and has not resumed it two weeks after a formal notice from his employer, will be considered as having resigned. This absent employee will therefore not be able to collect unemployment insurance. However, if the employee invokes a legitimate reason, he will not be considered as having resigned. Similarly, the law provides that the presumption of resignation can be canceled if the abandonment of position was caused by the employer’s failings.
This decree is part of the law on unemployment insurance passed on December 21, 2022. This law aims to save money in unemployment insurance and to establish more equity between employees. Until now, an employee who abandoned his job was dismissed and could collect unemployment insurance.
According to our colleagues from France info, The Fiduciary Review received confirmation on May 2 that the Cercle Lafay, a think tank, had seized the Council of State for abuse of power. “The recourse in excess of power criticizes the question-answer of the government for not leaving the choice to the employer to place itself on the disciplinary field – the dismissal for fault. However, this obviously has serious consequences on the compensation of the employee. we explain.
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