A measure that does not pass. The voluntary abandonment of a position by an employee is assimilated to a resignation, The law officially entered into force on April 18 with the publication of the implementing decree. Remember that until now, the affected workers could claim unemployment benefits in most cases (excluding gross negligence), this abandonment giving rise to dismissal due to “fault”.
This measure included in the law “on emergency measures related to the functioning of the labor market with a view to full employment” hurts the unions. And one of them, Force Ouvrière (FO), has just filed an appeal with the Council of State “to annul the decree applying the new system of presumption of resignation due to abandonment of office.”
“Given the danger of the device for employees, the government had promised guarantees in the decree of April 17, 2023, which turned out to be very unsatisfactory,” continues the union.
And to explain: “FO cannot, for example, accept that an employee, by not being able to pick up his mail (due to hospitalization), exposes himself to the risk of being declared presumably resigned.”
“legal aberration”
“FO also attacks the questions and answers from the Ministry of Labor which, aware of the lack of enthusiasm of the social agents for using this new procedure, now closes the door to dismissal for abandonment of a position that allowed these employees to benefit from unemployment benefits” , We can read.
What does the decree of application say? “The employer who verifies that the worker has abandoned his position and intends to assert the presumption of resignation (…) gives him formal notice, by certified letter or by letter delivered by hand against receipt, to justify his absence and resume his post”, within 15 days.
However, the legislator has provided that this presumption can be annulled if the job abandonment was caused by faults on the part of the employer (harassment, for example).
“In the event that the worker intends to trust the employer for a legitimate reason likely to prevent the presumption of resignation, such as, in particular, medical reasons, the exercise of the right of withdrawal, Exercise of the right to strikethe refusal of the worker to comply with an instruction contrary to a regulation or the modification of the employment contract at the initiative of the employer, the worker will indicate the reason that he invokes in the answer to the aforementioned brief of processing.
In turn, “the worker who challenges the termination of his employment contract on the basis of this presumption may go to the labor court. (…) It will rule on the merits within a month from its referral.”
Source: BFM TV
