The new French Law on emergency measures relating to the functioning of the French labour market for full employment, known as the "Marché du travail" Law, published in the French "Journal Officiel" on December 22, 2022, includes the following main provisions:
When an employee abandons his/her job without justification, the employer usually dismisses the employee for serious misconduct. In this instance, the employee would remain entitled to public unemployment allowances.
The new law creates a presumption of resignation in cases of voluntary abandonment of job post by the employee after receiving formal notice (i) to justify their absence and (ii) to return at work (by registered mail or by hand-delivered mail against signed receipt) by the expiration of a period of time set by the employer. The “resigning” employee is thus deprived from French public unemployment allowances. This presumption of resignation does not apply in case of justified or legitimate absence (such as health or safety, strike, unilateral modification of the employment agreement by the employer, etc.).
Where there is disagreement concerning the termination of the employment agreement based on this presumption of resignation, a local employment tribunal must issue its decision in principle within one month on (i) the nature of the termination of the employment agreement (i.e., confirm whether it is a resignation or...
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