Presumed resignation in case of job abandonment

Article 4 of Law No. 2022-1598 of 21 December 2022 creates Article L. 1237-1-1 of the Labour Code: an employee who voluntarily abandons their job and does not return after a formal notice from the employer is presumed to have resigned when the set deadline expires. Decree No. 2023-275 of 17 April 2023 sets this deadline at a minimum of fifteen days from the notice and lists legitimate reasons that prevent the presumption (medical reasons, right of withdrawal, right to strike, refusal of an unlawful instruction, change to the contract). The employee can challenge the termination before the labour court, which rules on the merits within one month.