Job abandonment: the regulations in 2025
04 September 2023 · 4 min reading time
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See job offers**Job abandonment no longer automatically grants the right to unemployment benefits, except in certain exceptions. Staffmatch clarifies the new regulations regarding job abandonment. **
Reminder of the definition: what is job abandonment ?
Job abandonment is the voluntary, prolonged, and unjustified absence of an employee from their workplace. The absent employee's employment contract is suspended: they do not receive their salary or unemployment benefits before the dismissal procedure.
An unjustified absence is considered job abandonment after 48 hours, which is the maximum time allowed for notifying sick leave.
There is no job abandonment in the event of
- Medical emergency,
- Death of a close relative or serious family situation,
- Right to strike,
- Right to withdraw from a dangerous work situation,
- Authorization of the absence by the collective bargaining agreement.
Until now, job abandonment was not considered a resignation.
In cases where an employee no longer returned to their position, the employer had the choice of implementing a disciplinary sanction or a dismissal procedure. If the employee was dismissed (most often for "gross misconduct"), they could receive unemployment benefits.
Thus, the new provisions of the law enacting emergency measures relating to the functioning of the labor market with a view to full employment bring about significant changes.
Job abandonment in 2025, what's changing ?
Approved by Parliament on December 23, 2022, the reform concerning unemployment insurance equates job abandonment with resignation. Employees who abandon their posts will no longer be entitled to unemployment benefits.
The employer will no longer need to implement a dismissal procedure in the event of job abandonment. Instead, they can send a formal notice to the employee demanding that they return to their position and justify their absence. The formal notice must be sent by registered mail or by hand-delivered letter with acknowledgment of receipt.
The employee will then have 15 days to respond to the formal notice. If they do not respond, the employee will be presumed to have resigned and will be excluded from unemployment benefits from Pôle emploi (the French public employment service).
In principle, a resignation does not give the right to unemployment benefits because it is not an involuntary loss of employment. However, this principle will also apply to employees who abandon their posts after the entry into force of the implementing decree.
⚖️ PLEASE NOTE :The decree came into force on Tuesday, April 18, 2023, in the Official Journal. The decree is now applicable.You can consult decree n° 2023-275 of April 17, 2023, on the implementation of the presumption of resignation in the event of voluntary job abandonment by the employee here .
Temporary work to the rescue in the face of new job abandonment regulations
Job abandonment can occur for various reasons. It is often an employee's last resort in the face of a dangerous situation in the workplace or after an employer refuses a mutual termination agreement.
No longer being eligible for unemployment benefits can be a real obstacle for anyone looking to leave their job. Temporary work allows you to continue your professional activity while maintaining control of your schedule by choosing assignments that suit you and interest you!
Doing temporary work is also advantageous from an economic point of view. Inflation, responsible for the rise in prices of raw materials and products, has weakened French households.
In temporary work, in addition to your salary, you will receive end-of-assignment bonuses (IFM), which represent 10% of your remuneration. Social benefits such as the Intérimaires Santé health insurance or housing assistance, childcare assistance, or vehicle rental assistance, set up by the FASTT (Fund for Temporary Workers' Social Action), are very attractive and make your life easier!
At Staffmatch, we understand the importance of strengthening employees' purchasing power. That's why we have set up a loyalty program, through which you can earn up to 400 euros in addition to your salary and IFM!
Our referral system allows you to benefit from bonuses for each referred friend!
Whether it's to discover new professional opportunities, have more flexible working hours, or stay active during a period of readjustment, Staffmatch has assignments suitable for all profiles and in all sectors of activity!
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