An abandonment of a position comes when an employee no longer comes to work without justification and ends up being dismissed by his employer.
“There is a flaw: an employee who makes an abandonment of post has access to more favorable compensation conditions than an employee who resigns.” Before the Assembly’s Social Affairs Committee, which examines The unemployment insurance bill, the Minister of Labor, Olivier Dussopt, said he was ready, Tuesday, September 27, to tighten access to unemployment compensation in the case of abandonment of position. This situation comes when an employee no longer comes to work without justification and ends up being dismissed by his employer.
“We are open to that these conditions are aligned” on those of resignations, he added, while a Republican amendment (LR) has been deposited in this direction, while ensuring ” that employees who abandon their position for security reasons are not penalized “.
A handful of only exceptions allow resignants to touch unemployment. Among them, following a spouse concerned 14,000 cases in 2021, according to the National Union for Employment in Industry and Trade (Unédic). Since 2019, the possibility is also open once every five years to those who have a professional project (12,000 cases in 2021).
To leave his job by being compensated, the employee can request a contractual rupture from his employer, but the latter is not forced to give it to him. In the absence of obtaining this rupture, some employees therefore chose the abandonment of post, which constitutes a dismissal for fault and therefore does not deprive it of its right to benefit from unemployment insurance.
If there is no statistics on these posts of post, LR deputies affirm in their amendment that “it is an increasingly in palpable phenomenon by professional circles”. “The employee who wants to leave his job (…) to withdraw from the labor market while aiming to keep an income will not resign but simply not to return to work so that the employer, of a tired war, proceeds His dismissal, “they argue. “While the resigning is held by a notice which allows the employer to organize himself, the ghost employee, by abandoning his post overnight, disrupts the proper functioning of the company,” they add.
To combat recruitment tensions, Mr. Dussopt, on the other hand, has shown more reserved for the desire of certain deputies to tighten access to unemployment for a CDD refusing a CDI. The Minister recalled that when an employee refuses a permanent contract proposed under the same conditions as his CDD, then the precariousness bonus of 10 % is not due by the employer, an unknown provision according to him.