Abandonment: What are the rules in the public service?

The abandonment of a position is characterized by unjustified and prolonged absence of a public official (official or contract) at his post and by virtue of the fact that he does not respond to a formal notice of his employer's administration to resume his duties.

The abandonment of a post constitutes a breach of dutyduty to serve.

A staff member who finds himself in a situation of abandonment of his post shall be considered to be deliberately renouncing the guarantees relating to his status.

The removal of managers (for an official) or staff (for a contractor) may accordingly be ordered without the need for disciplinary proceedings.

The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.

Unjustified absence occurs when a staff member leaves his or her workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).

Absence should be total and prolonged.

Some absences cannot constitute a vacancy abandonment, including the following:

• Delay, even several hours
• Unjustified absence during the day, even for several hours
• Day of unjustified absence preceded and followed by working days
• Frequent repetition of such absences

Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.

In order to be able to order the removal of a staff member from his post for abandonment of his post, the administration must first give formal notice the staff member to resume service within an appropriate period.

The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.

By this letter, the administration orderly to the agent of to resume service before a deadline and inform him that he risk of removal from management or staff without prior disciplinary proceedings.

If the staff member fails to report to his post within the prescribed period and fails to provide proof of his absence, the administration may consider that he has severed his link with the service.

It may then order its removal from management or from the establishment plan.

The decision to abandon a post shall take the form of an individual order notified to the staff member.

If the staff member resumes service and does not provide valid proof of his absence, he may be subject to disciplinary proceedings and to a deduction from pay for the period of unjustified absence.

Removal from the service of a member of staff or management shall be ordered from the date on which the period fixed for the staff member to resume his duties expires.

It may not be pronounced retroactively to the date of 1^er day of irregular absence.

From Sound 1^er on the day of absence until removal from management or from the establishment plan, the staff member shall not be entitled to any remuneration.

The agent loses sadness quality civil servant or contractor.

The abandonment of a position is considered to be a voluntary break of the working relationship.

The agent has no consequence not entitled to severance pay and to unemployment benefits.

The annual leave not taken by the staff member shall be considered as lost and entitle no compensatory allowance.