The new presumption of resignation in the event of voluntary abandonment of position: the impleme...

The new article L. 1237-1-1 of the Labor Code , created by Law n°2022-1598 of December 21, 2022 (art4) establishes a presumption of resignation in the event of voluntary abandonment of his position by the employee. The employee who voluntarily abandons his position and does not return to work after being notified to justify his absence and to return to his position, by registered letter or by letter delivered in person against discharge, within the time limit set by the employer (which cannot be less than a minimum period fixed by a decree to be published), is presumed to have resigned at the expiration of this period. On the other hand, the employee is not considered to have abandoned his position, and cannot therefore be presumed to have resigned within the meaning of article L. 1237-1-1 of the Labor Code, if he justifies his absence for a legitimate reason (e.g. absence for health reasons, exercise of his right of withdrawal or the right to strike, etc.). With this new provision, the employer is no longer forced to initiate the dismissal procedure to terminate the contract. Please note, the employee can always contest the termination of his employment contract by overturning the presumption of resignation, before the Industrial Tribunal, which must rule within one month on the nature of the breakup and its consequences. The terms of application of this article must be determined by a decree, the publication of which is announced by the Government for the end of March 2023. We will provide you with more details on the procedure to follow, once the decree is published.