Abandonment of post: Labour law in Antibes

This choice has implications for the applicable procedure and system of proof. Indeed, in the field of real and serious cause, the burden of proof is shared insofar as the judge decides on the basis of the elements produced by the parties. And doubt benefits the employee (C. trav. art. L. 1265-1). Whereas in the case of disciplinary dismissal, the burden of proof of the seriousness of the acts of which the employee is accused rests entirely on the employer (C. trav. art. L. 1333-1).

If the employer chooses to dismiss for serious misconduct and the matter is referred to the industrial tribunal, it may be requalified as a dismissal without real and serious cause by the courts. This is the case in particular when the employer fails to implement the dismissal procedure promptly.

What about the procedure for abandoning a post following sick leave?

Dismissal for serious misconduct is justified when an employee, after having provided work stoppages for several months, had stopped sending them and did not respond to the employer's requests to justify his absence since, if it was a resignation, it should have resulted from the employee's clear and unequivocal expression of his intention to terminate his contract

Cécile ZAKINE assists employers in all matters relating to serious misconduct