• On Wednesday, the National Assembly passed amendments limiting workers' access to unemployment benefits in the event of job abandonment.

  • Job abandonment, which hitherto sometimes resulted in dismissal for serious misconduct, will now be treated as resignation by the worker.

  • 20 Minutes

    takes stock of this novelty in labor law thanks to the insight of the lawyer and founder of the firm AC Legal Avocat Claire Abate.

Employees who leave their position will now be considered as having resigned.

The National Assembly voted on Wednesday amendments from the majority and from Les Républicains deputies limiting access to unemployment insurance.

20 minutes

looks at these changes and the debate they are generating, with the insight of employment law lawyer and founder of AC Legal Avocat, Claire Abate.

What is a job abandonment?

"The abandonment of post is an unjustified absence of the employee at his workstation", defines the lawyer Claire Abate from the outset.

This abandonment can lead to dismissal for serious misconduct, which does not deprive the employee of benefiting from unemployment insurance.

According to the elected representatives of the majority, these abandonments are more and more frequent.

It is a “phenomenon in constant increase”, affirms the minister delegate Carole Grandjean.

Claire Abate shares this analysis: “It is quite common and with the health crisis that we are experiencing, it is a phenomenon which tends to become generalized”, she explains, citing in particular a “disengagement of employees in the business", "professional retraining" and "sudden life changes" such as moving.

The left asserts, on the contrary, that these cases are “marginal”.

In France, there are no statistics on job abandonment, which are drowned in “dismissals for personal reasons”.

In an interview with France Info, the deputy vice-president of the National Association of HRDs, Benoît Serre, however, claimed not to “see an increase in job abandonments”.

Why is the amendment debated?

On the left, this amendment adopted by 219 votes against 68 within the framework of the unemployment insurance reform bill, has made people cringe.

In the hemicycle, the deputies of the Nupes (PS, EELV, LFI, PCF) criticized the government for “weakening the protection of employees”.

Because in the event of resignation, employees are not entitled to compensation from Pôle emploi – with the exception of very rare cases.

Socialists said the measure was unconstitutional and inconsistent with International Labor Organization standards.

“What is the cause of these job abandonments?

asked the communist Pierre Dharréville, suggesting a link with working conditions.

An analysis shared by the CGT, which denounces a “scandal”.

On the other hand, for the Renaissance deputy Dominique Da Silva, it is a “clear and fair” measure for all, because job abandonments disrupt companies.

"These practices cause great disorganization and dysfunction in the company", abounds Claire Abate, whose firm supports companies.

“When there is no employee to replace the absent employee, this causes damage to the company, it can lead to a big loss of turnover, especially in small companies, and even endanger the life of society", judges the founder of AC Legal Avocat.

What does it change for employees?

Until now, employees who did not obtain a contractual termination could abandon their position in the hope that their employers would dismiss them for serious misconduct, thus giving them the right to unemployment compensation.

“By abandoning their position, employees are trying everything for everything,” explains Claire Abate.

With this new amendment, employers will be able to consider abandonment of position as a resignation and replace the employee in stride.

"The employer must give notice to the employee to justify his absence and to resume his position by registered letter with acknowledgment of receipt", specifies however the lawyer, who adds that this framework makes it possible to clarify things and to verify that the absence is unjustified.

Because an employee may be absent and unable to notify his employer for other reasons, including medical.

Then, with these new amendments, "the employee will be able to challenge the fact that his abandonment of his position is considered as a resignation before the industrial tribunal", underlines Claire Abate, who adds that "the case would be brought directly before the office of judgment which will have one month to decide.

It is an extremely fast procedure.

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Company

Unemployment insurance: "Abandonment of post" considered as a resignation by the National Assembly

Policy

National Assembly: A first lively debate on the reform of unemployment insurance

  • Economy

  • employment center

  • Work

  • Labor law

  • Unemployment

  • Resignation