Gwenaëlle Artur and César Solis discussed this issue at a morning session at NUMEUM on 26 January 2024.

What is the scope of this procedure?

Does it apply to protected employees?

What are the stages in the procedure?

Is the presumption of resignation exclusive of dismissal for serious misconduct?

How should we interpret the position of the Ministry of Labour, which is in favour of the exclusive nature of the presumption of resignation?

Can a distinction be made between abandoning a position and unjustified absence?

Decree no. 2023-275 of 17 April 2023 allows the presumption of resignation procedure to come into force on 19 April 2023. Under this procedure, an employee who voluntarily abandons his or her job and does not return to work after being given formal notice to justify his or her absence is presumed to have resigned on expiry of this period.