The new “Labour Market” law published on December 22nd, 2022, created a new article L. 1237-1-1 in the French Labour Code.
From now on, an employee who voluntarily abandons his/her job and does not return to work once having been given formal notice by the employer to justify his/her absence and to return to work, within a specified time line, is presumed to have resigned at the end of this time line.
The entry into force of this procedure of presumption of resignation following an abandonment of job is subject to the publication of an application decree which has not yet taken place. The legislator will specify in this decree the duration of the above-mentioned time limit.
Until now, an employer had no choice but to dismiss for misconduct an employee who stopped coming to work or abruptly left his or her job.
The employee will still have the possibility to bring an action before the Labor Court to try to demonstrate that his or her absence was not voluntary but justified and ask the requalification of his or her resignation in a termination without cause.
The consequences of this new presumption of resignation will be severe for the employee, as resignation will deprive him/her of the eligibility to unemployment benefits, which can be significantly high in France.
Should you have any questions, or should you need assistance in this matter, please do not hesitate to contact us.