Giving up one’s job equals to resign in France : no unemployment benefits!

The Labour Market Law No. 2022-1598 of 21.12.2022 amended Article L.1237-1-1 of the Labour Code:An employee who has voluntarily abandoned his position and does not return to work after having been given formal notice to justify his absence and come back to work, by registered letter or by letter delivered by hand against discharge, within the period set by the employer, is presumed to have resigned at the end of this period.In the event that the employee intends to give to the employer a legitimate reason such as, in particular, medical reasons, the exercise of the right of withdrawal or strike, the employee’s refusal to carry out an instruction contrary to a regulation or the modification of the employment contract at the initiative of the employer, the employee has to indicate the reason in the reply to the formal notice.From now on, considered as having resigned, an Employee absent without legitimate reason can no longer claim unemployment compensation since she/he is not involuntarily deprived of his job following a dismissal.

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