Tempting but risky, abandoning a job intrigued many workers. Our last article on the subject prompted nearly a hundred reactions and questions. We submitted 5 cases to Claire Puissilieux, a lawyer specializing in employment law in London.
1 When we accepted another job too quickly
“Following an abandonment of my post, I worked in another company but without having been made redundant, wonders Lilou, cashier in a hypermarket. What am I really risking. »Give up your job because we have found something better? Claire Puissilieux confirms that this situation is completely illegal and dangerous for the employee. “” As long as you have not received your employment center certificate and your work certificate, you are still considered under contract., confirms the lawyer. For any new position, you must be able to justify that you finished in the previous one. For the employee – as for his new employer – the situation is delicate. “If they found out, some employers could even invoke a non-competition clause and claim some damages. ”
“As long as you have not received your employment center certificate and your work certificate, you are still considered under contract.”
2 When you're in the middle of your fixed-term contract
On a fixed-term contract for eight months in a taxi company, Lili can no longer support her work and plans to drop everything. If abandoning a position appears to be a radical and often effective solution with a permanent contract, terminating a fixed-term contract early is more problematic. “A fixed-term contract can be broken in the event of serious misconduct, so possibly in the event of abandonment of post,” continues our lawyer. However, it all depends on the circumstances and the employer could also ask for compensation if he needed the employee for a specific mission.. ”
3 When we are on an apprenticeship contract
Similar case: Quentin, worker on an apprenticeship contract, wonders about abandoning his post. But as for the termination of a fixed-term contract, our lawyer explains that the situation is complex. “” After the first two months of trial, your apprenticeship contract cannot be terminated that if both signatories agree or by decision of the industrial tribunal. ”
4 When the employer plays with your nerves
However the most common cases cited by Internet users remain those where the procedure is delayed, leaving the employee between two waters. A month and a half after leaving his post, Florent, project manager, has still not received any notification of dismissal. “I don't know what to do,” he says. I hear 36,000 tips and never the same. “” I am in the same case, testifies Emma. I abandoned my job, I received a first registered letter and for several weeks, no news from my employer. I am worried about this silence … »But Claire Puissilieux is not surprised. “I recently had the case of an employee who had abandoned her position, who no longer touched her salary without having been fired,” she continues. She was still in post but without pay, without being able to receive unemployment benefits. ” If the situation persists, the lawyer recommends requesting an industrial tribunal. “With the legal deadlines, the employee can stay up to three months without pay and be forced to resign. But if the employer goes too far, he will be at fault. ”
When job abandonment no longer works … for the employer
However, a reassuring reminder of the law is necessary if the employer – because he is ill-informed or ill-intentioned – delays in dismissing the employee. “From the day the employer learns of the abandonment of the post, he will have two months to initiate proceedings,” recalls Claire Puissilieux. In addition, the invitation to the preliminary interview or the pronouncement of a protective layoff which may interrupt the limitation period. But beyond this period, i.e. three months, you should know that the wrongful act cannot be the subject of any disciplinary action.… ”In other words: if he takes too long to dismiss you, he will no longer be able to invoke serious misconduct and risks owing you certain indemnities and paid holidays …
5 And if Pôle emploi gets involved …
Finally, there is another case, rare but not impossible. “I want to leave my hostess position immediately, but with the right to Assedic”, wonders Ameline. “Nothing prevents a zealous employee from having your file go through a joint committee,” confided lawyer Alix Floret in our previous article. Even if the organization does not theoretically distinguish the reasons for dismissal, Claire Puissilieux confirms that disputes with Pôle emploi exist. ” Even if it is not a resignation, there may be debate with the institution. A rare case, of course. But not impossible …
