Abandonment of position: the employee is presumed to have resigned 15 days after being served with formal notice

The Act on Emergency Measures for the Functioning of the Labor Market with a view to Full Employment of 21 December 2022 provided that the abandonment of a position by an employee constitutes a presumption of resignation at the expiry of a period fixed in the employer's notice. A decree of 17 April 2023 specifies the duration of this period.

An employee who has left his post without legitimate cause shall be presumed to have resigned within a period of 15 days (including weekends and public holidays) after the employer's formal notice justify his absence and return to his post.

Such formal notice may be given by registered letter or by hand delivered letter against discharge.

The alleged employee who has resigned will not benefit unemployment benefits and will have to execute his notice of resignation.

However, the presumption of resignation does not apply if the abandonment of the position by the employee is justified.

Employees may justify the abandonment of their job if it is justified by:

• medical reasons;
• the exercise of the right of withdrawal;
• exercise of the right to strike;
• refusal of the employee to carry out an instruction contrary to regulations;
• the amendment of the employment contract at the employer's initiative.