What is a job abandonment by an employee in the private sector?

Verified 22 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

The abandonment of a position is characterized by an unjustified absence of the employee from his work station.

Is the abandonment of a post considered a resignation? Does the employee receive his or her salary during the job abandonment? What steps does the employer take? Can the employer sanction the employee?

We're doing an update on the regulations.

The abandonment of a position is characterized by the behavior of the employee which without justification legitimate :

  • Leaves voluntarily his position and does not return to work
  • Or no longer shows up at his workstation

The employer may not consider that the employee has abandoned his position when he leaves it without authorization for any of the following reasons:

  • Consultation of a doctor justified by his state of health
  • Right of withdrawal
  • Strike
  • Employee’s refusal to carry out an instruction contrary to regulations
  • Modification of the employment contract at the initiative of the employer which is refused by the employee

When the employee leaves his or her post or no longer reports for work, without justification legitimateHowever, he does not receive a salary. Absence of the employee suspend the employment contract.

Yes, the employee who has given up his post and who does not return to work may be considered to have resigned by the employer.

What steps must the employer take in order for the abandonment of the position to be considered a resignation?

The employer must ask the employee in writing to justify his absence and return to his post.

This request is addressed to the employee by registered letter or by hand delivered letter against dump.

The employer also specifies the period within which the employee must return to his post. This period cannot be less than 15 calendar days.

The starting point for the time limit fixed by the employer is the day on which the registered letter is presented by the postal services or the day on which the letter is delivered by hand against discharge.

If the employee shall not resume his post within that period, the abandonment of a post may be considered like a resignation by the employer.

However, the employee may respond to the employer's request by informing him, for example, of a work stoppage to justify his absence.

Please note

The employer may decide not to give formal notice the employee to justify his absence and resume his position. The employee's employment contract is then suspended. The employee is not paid during this period.

Can the employee challenge the resignation?

The employee can enter the prud'homme council to contest the breach of his employment contract.

The application shall be processed within one month of the submission of the application.

Yes, the employer may decide to penalize, for unjustified absence, the employee who resumes his post within the prescribed period without justifying his absence. In this case, the employment contract continues.

The possibilities for the employee to receive unemployment benefit differ depending on whether the employment contract is terminated.

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The employer considers the employee to have resigned

No , the employee is not compensated by France Travail (formerly Pôle emploi).

After 121 days of unemployment (about 4 months), you can ask France Travail (formerly Pôle emploi) the review of your situation to get the ARE.

A regional joint body of France Travail (formerly Pôle emploi) is responsible for verifying that the following 2 conditions are met:

  • Complete the conditions of award of the ARE (other than the condition of involuntary deprivation of employment)
  • Provide evidence of your active job search, possible short-term job openings and your steps to undertake training

If your request is accepted, the starting point for the payment of the AER shall be 122e day of unemployment.

Other case

If the employer does not consider the employee to have resigned, the employment contract is still in progress.

In this case, the employer does not deliver to the employee the certificate intended for France Travail (formerly Pôle emploi) and other termination documents.

Who can help me?

Find who can answer your questions in your region

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.

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