An employee who gives up his job and has not returned to it two weeks after a formal notice will now, except in a special case, be presumed to have resigned, which will deprive him of health insurance. unemployment, according to a decree published on Tuesday April 18 in Official newspaper.
This provision had been adopted at the end of 2022 as part of the unemployment insurance reform. Until now, employees who no longer came to work without justification generally ended up being dismissed for misconduct by their employer. They could then receive unemployment benefits.
The presumption of resignation does not apply 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.
According to a study published in February by Dares, the statistical service of the Ministry of Labor, 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”specifies the 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.
However, these job abandonments only represent 5% of the end of permanent contracts, far behind resignations (43%), conventional terminations (12%), the end of trial periods (12%) and layoffs (11%). .