Welcome to our newsletter, where we provide insightful legal updates and expert advice on French law, tailored to meet the needs of international clients navigating the complexities of the French legal system
Legal Framework and Purpose
The presumption of resignation for job abandonment was introduced by the French law of December 21, 2022, and became effective with the decree of April 17, 2023. This mechanism allows an employer to consider an employee as having resigned if they voluntarily abandon their post and do not return to work after being formally requested to justify their absence and resume their duties within a specified period.
The objective of this measure is to allow the company not to have to implement a dismissal procedure for misconduct and to exclude the employees concerned from the right to unemployment insurance. Indeed, employees who resign are not eligible for the benefits paid by unemployment insurance in the event of job loss.
The initial court rulings on the presumption of resignation for job abandonment provide an opportunity to revisit this mechanism.
Procedure
- The employer must send a formal notice (mise en demeure) to the absent employee, either by registered letter or by hand delivery with acknowledgment of receipt.
- This notice must:
- Request the employee to justify their absence and return to work.
- Specify a response period of at least 15 calendar days from the date of delivery.
- Clearly inform the employee of the consequences of failing to return to work without a legitimate reason, namely, that they will be presumed to have resigned. The Administrative Supreme Court, in a decision dated December 18, 2024, stated that this clarification, although not included in the decree of April 17, 2023, was essential and likely to ensure the voluntary nature of the employee’s resignation.
- If the employee does not respond or fails to provide a legitimate justification within the deadline, the employer can consider the employment contract terminated due to presumed resignation.
Legitimate Reasons and Exceptions
The presumption does not apply if the employee provides a legitimate reason for their absence, such as:
- Medical reasons (with proof)
- Exercising the right of withdrawal (danger to health or safety)
- Participation in a strike
- Refusal to execute an unlawful instruction
- Unilateral modification of the employment contract by the employer
Consequences
- The employment contract is considered terminated at the end of the notice period if the employee neither returns nor justifies their absence.
- The employee is not entitled to severance pay or unemployment benefits.
- The employee is generally required to serve a notice period, unless otherwise agreed or waived by the employer.
- The presumption is rebuttable: the employee can challenge the termination before the labor court (Conseil de prud’hommes), which must rule within one month.
- Regarding protected employees, a first judgment of the Paris Court of Appeal dated March 6, 2025, held that a presumed resignation for job abandonment requires the authorization of the labor inspectorate insofar as this procedure involves the employer in the termination of the employment contract. It is advisable to be cautious and await the final position of the Supreme Court on this matter.
The manifestation of religious beliefs within the company may be a source of difficulty and conflicts that are challenging for managers to address.
For the record, the freedom of thought, conscience, and religion is protected by Article 9 of the European Convention on Human Rights and Fundamental Freedoms.
The Labor Code protects the individual rights and freedoms of employees, such that pursuant to Article L.1121-1 of the Labor Code:
« No one may impose restrictions on individual and collective rights and freedoms that are not justified by the nature of the task to be performed nor proportionate to the aim pursued. »
Employees therefore, in principle, have the right to express their religious beliefs, notably through the wearing of a religious symbol. The only restrictions that may be imposed on this freedom must be justified and proportionate.
According to the Labor Code and the Supreme Court, the employer may include in the company’s internal regulations or in a service note subject to the same provisions as the internal regulations pursuant to Article L.1321-5 of the Labor Code, a neutrality clause, provided that this clause:
- Prohibits the visible wearing of any political, philosophical, or religious sign in the workplace;
- Is general and undifferentiated;
- Is applied only to employees in contact with clients.
The Defender of Rights considers, in a decision dated March 14, 2025, that the termination of a Muslim employee’s probationary period based on the prohibition of wearing the veil pursuant to a neutrality clause in the internal regulations is discriminatory if the employer does not demonstrate that this clause meets a genuine need. In another decision on the same day, it holds that an employer who intends to rely on such a clause to justify a refusal to hire must do so clearly and precisely and cannot merely state that « the wearing of the headscarf is not accepted. »
Based on the observation that our clients’ managers are frequently under-equipped to address sensitive situations related to diversity and the necessity of proposing concrete actions to combine economic performance with professional inclusion, we have decided to establish a partnership with the consulting firm Convivencia (an expert in combating discrimination and promoting inclusion and intercultural cohesion among individuals of diverse origins, cultures, and beliefs).
Specifically, the support offered by actance and Convivencia Conseil includes:
- A thorough diagnosis of existing practices and risks within teams;
- Tailored training (in-person, videoconference, e-learning);
- Advisory support on the applicability of internal neutrality and inclusion policies;
- Operational tools intended for all hierarchical levels (executive management, middle managers, field teams);
- Diagnostic and mediation workshops to promptly address disputes or tensions within teams, fostering a dynamic of mutual respect;
- Legal monitoring and expert legal advice on compliance and litigation management.
Please feel free to contact us for more information and to share the initial joint actions implemented.