What is a private sector employee quitting?
Verified 21 September 2021 - Legal and Administrative Information Directorate (Prime Minister)
Additional cases ?
Abandonment is the behaviour of an employee who leaves his or her job without the employer's authorisation or who is absent for a prolonged or repeated period of time without proof during his or her working hours.
Depending on the circumstances, the abandonment of the position is not justified when the employee leaves the position without the employer's authorisation for one of the following reasons:
- Consultation of a doctor justified by his or her state of health
- Death of a relative
- Right of Withdrawal
When the employee leaves or no longer reports for work, without justification legitimate, he does not receive a salary. The absence of the employee suspend the employment contract.
In the case of an abandonment of a position, the employer no obligation to dismiss the employee. It may require him to return to work and to justify his absence.
The employer is not obliged to issue the certificate for Pôle emploi while the employment contract is in progress.
In the absence of the employee's return to work or justification of absence, the employer may trigger disciplinary procedure. Such absences may justify:
- or disciplinary sanction,
- a dismissal for real and serious reasons (which may give rise to termination benefits)
- or dismissal for serious misconduct without termination benefits (absence disrupting the company or deliberate abandonment of the position while the employer warned against premature departure).
the employer cannot regard the employee's prolonged and unjustified absences as resignation.