Consequences of prolonged absence without justification
When an employee does not report to work for an extended period of time and without valid justification, this is considered job abandonment. The employer can then assume that the employee has resigned from his job. Here are the key things to know about this presumption:
1. Prolonged and unjustified absence:
Job abandonment is characterized by a prolonged and unjustified absence of the employee. There is no specific duration defined, but generally an absence of several days or weeks is considered significant.
2. Employer notification:
The employer must attempt to contact the employee to obtain explanations for his absence and remind him of his contractual obligations. It is recommended to send a registered letter with acknowledgment of receipt in order to document communication attempts.
3. Presumption of resignation:
If the employee does not respond to the employer’s contact attempts and provides no valid justification for his or her absence, the employer may assume that the employee has resigned from his or her position. This presumption is based on the fact that the employee has demonstrated a clear desire to break the contractual relationship by abandoning his position.
4. Dismissal procedure:
In the event of job abandonment, the employer may initiate dismissal proceedings for real and serious reasons. This involves complying with the legal rules and dismissal procedures, such as being invited to a prior interview and being notified of a reasoned dismissal letter.
It is important to note that the presumption of resignation in the event of abandonment of position can be contested by the employee. He can provide evidence or explanations to justify his prolonged absence. In this case, the employer will have to take these elements into account and evaluate the situation on a case-by-case basis.
It is recommended to refer to the legal provisions and applicable collective agreements, as well as to consult a labor law professional for advice specific to your situation.
