What is a job abandonment by an employee in the private sector?

When the employee leaves his position or no longer reports to his work station, without justification legitimate, he does not receive a salary. The absence of the employee suspend the employment contract.

The employee who has abandoned his position and who does not return to work may be considered as resigning. The employer must follow a procedure.

He must ask by written to the employee of justify his absence and resume his position.

This request is addressed to the employee by registered letter or by hand delivered letter against discharge.

The employer must also specify the period within which the employee must return to his or her post. That time limit cannot be less than 15 calendar days.

The employer must inform the employee of consequences which may result from the absence of resumption of work.

The starting point of the time limit set by the employer is the day of presentation by the postal services the registered letter or the day of hand-delivery against discharge.

A template is available:

Template letter of formal notice for abandonment of post

If the employee does not return to his post within that period, abandonment of post may be considered a resignation by the employer.

However, the employee may respond to the employer's request by providing, for example, a work stoppage to justify his absence.

Yes, if the employee is considered to have resigned by the employer, he may file a complaint with the labor court council to contest the termination of his employment contract.

The request shall be processed within a period of time of 1 month from the date of submission of the application.

Yes, the employer can decide to punish, for unjustified absence, the employee who resumes his job within the fixed period without having justified his absence.

The possibilities for the employee to receive unemployment benefit differ depending on whether or not the employment contract is terminated: