An employee who abandons his job and has not resumed it two weeks after a formal notice will now, with some exceptions, be presumed to have resigned, which will deprive him of unemployment insurance, according to a decree published on Tuesday April 18 in the ” Official newspaper “.
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This decree implements a provision of the unemployment insurance law passed at the end of 2022. Until now, these employees who no longer came to work without justification generally ended up being dismissed for misconduct by their employer. They could then receive unemployment insurance.
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From now on, the employee who has abandoned his position and has not resumed it 15 days after having been given formal notice to do so is presumed to have resigned.
First reason for dismissal for serious misconduct
This presumption of resignation does not apply in cases where the employee asserts medical reasons, the exercise of the right of withdrawal or the right to strike, the refusal to carry out an instruction contrary to a regulation or a modification of his employment contract at the initiative of the employer.
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According to a study published in February by Dares, the statistical service of the Ministry of Labor, job abandonment was in the first half of 2022 the first reason (71%) for dismissal for serious or gross misconduct ahead of other disciplinary causes (27%). . “This represents 123,000 employees, including 116,000 on permanent contracts”according to Dares.
In the three months following the abandonment of their CDI, 55% of people register with Pôle Emploi and 43% open a new right to unemployment insurance. However, these job abandonments only represent 5% of the end of permanent contracts, far behind resignations (43%), terminations by mutual agreement (12%), the end of trial periods (12%) or even other dismissals (11 %).
