2023-04-19 03:29:09
It is a decree which implements a provision of the unemployment insurance law passed at the end of 2022. An employee who abandons his workstation, and has not resumed it two weeks after a formal notice, will now be presumed to have resigned, except for exceptions. This will deprive him of unemployment insurance, according to a decree published on Tuesday in the Official Journal.
Until now, these employees who no longer came to work without justification generally ended up being dismissed for misconduct by their employer. They could then receive unemployment insurance. But now, the employee who has abandoned his position and has not resumed it 15 days after being given formal notice to do so is presumed to have resigned.
This presumption of resignation does not apply, however, in cases where the employee asserts medical reasons, the exercise of the right of withdrawal or the right to strike, the refusal to carry out an instruction contrary to a regulation or a modification of his employment contract at the initiative of the employer.
The first reason for dismissal for serious misconduct
According to a study published in February by Dares (the statistical service of the Ministry of Labour), job abandonment was the first reason (71%) for dismissal for serious or gross negligence in the first half of 2022, ahead of other disciplinary causes (27%). “This represents 123,000 employees, including 116,000 on permanent contracts”, according to Dares.
In the three months following the abandonment of their CDI, 55% of people register with Pôle Emploi and 43% open a new right to unemployment insurance.
These job abandonments, however, only represent 5% of the end of permanent contracts, far behind resignations (43%), conventional terminations (12%), the end of trial periods (12%) and other dismissals (11%). ).
#Job #abandonment #considered #resignation #longer #unemployment