In short:
- Job abandonment (abandon de poste) is an unjustified absence of the employee from their workstation. During the absence, the employee is not paid and the contract is suspended.
- The employer may treat it as a resignation, after a written formal notice to justify the absence and return to work within at least 15 calendar days.
- An employee presumed to have resigned is, as a rule, not compensated by France Travail. They can challenge the termination before the employment tribunal, which deals with the claim within one month.
- The procedure does not apply to employees on a trial period or on fixed-term contracts (CDD).
Job abandonment in France is defined as an unjustified absence of the employee from their workstation, in particular if they voluntarily leave their workplace or no longer turn up. It can be treated as a resignation under certain conditions, or sanctioned by the employer. The rules below apply to private-sector employees and come from the Service-Public guide on job abandonment, checked on 6 August 2026.
When is an absence job abandonment?
Job abandonment occurs when the employee leaves their workstation or no longer comes to work, without legitimate justification. Not every absence without permission is job abandonment, however.
The employer cannot treat an absence as job abandonment when the employee leaves without permission for one of the following reasons:
| Reason for the absence | Job abandonment? |
|---|---|
| Seeing a doctor because of their health | No |
| Exercising the right to withdraw from danger | No |
| Strike | No |
| Refusing an instruction contrary to regulations | No |
| Refusing a change to the employment contract decided by the employer | No |
| Absence without legitimate justification | Yes |
This list is not exhaustive: the Service-Public guide gives these reasons “notamment” (in particular). An employee on sick leave in France who sends their sick note justifies their absence.
The immediate consequences of job abandonment
For as long as the unjustified absence lasts, two effects apply:
- Pay is not paid: an employee absent without legitimate justification receives no salary.
- The employment contract is suspended: it is not terminated.
The employer does not have to start a procedure. If it does not give the employee formal notice, the contract remains suspended and the employee is not paid during that period.
Presumed resignation: the procedure to follow
An employee who has abandoned their job and does not return to work may be treated as having resigned. This mechanism, called presumed resignation (présomption de démission), was created by the Act of 21 December 2022 on the functioning of the labour market, and detailed by a decree of 17 April 2023.
The employer must follow several steps:
| Step | What the Service-Public guide provides |
|---|---|
| 1. Written request | The employer asks the employee to justify the absence and return to work |
| 2. Form of sending | Registered letter, or letter handed over against a receipt |
| 3. Return period | Set by the employer, at least 15 calendar days |
| 4. Information | The employer states the consequences of not returning to work |
| 5. Start of the period | Day the registered letter is presented, or day it is handed over |
The 15 days are calendar days: weekends and public holidays are counted. Service-Public provides a template formal notice letter for job abandonment.
If the employee does not return within the set period, the employer may treat the job abandonment as a resignation.
Employees excluded from the procedure
The presumed resignation procedure does not apply to:
- employees on a trial period, whose termination follows specific rules, covered in the article on the trial period in France;
- employees on fixed-term contracts (CDD).
What can the employee do after the formal notice?
An employee who receives the formal notice has several options, with different consequences.
| Employee’s response | Consequence according to the Service-Public guide |
|---|---|
| Justifies the absence, for example with a sick note | The absence is justified |
| Returns within the period without justifying the absence | The employer may sanction them for unjustified absence |
| Does not return within the period | The employer may treat them as having resigned |
An employee treated as having resigned can apply to the employment tribunal (conseil de prud’hommes) to challenge the termination of their contract. According to the guide, the claim is dealt with within one month of being filed.
Job abandonment and unemployment benefit
Whether the employee can receive unemployment benefit depends on what the employer decides:
- The employer treats the employee as having resigned: as a rule, the employee is not compensated by France Travail.
- The employer does not treat them as having resigned: the contract is still in force. The employer issues neither the certificate for France Travail nor the other end-of-contract documents.
Job abandonment therefore, as a rule, does not give access to unemployment benefit. The differences between resignation and mutual termination, in particular regarding unemployment benefit, are covered in the article on mutual termination or resignation in France.
Job abandonment: possible outcomes by situation
| Situation | Effect on the employment contract |
|---|---|
| No formal notice | Contract suspended, no pay |
| Formal notice, absence justified by the employee | Absence justified, contract continues |
| Formal notice, return within the period without justification | Contract continues, possible sanction for unjustified absence |
| Formal notice, no return within the period | The employer may treat the employee as having resigned |
In every case, it is up to the employer to decide whether to start the procedure. The rules for termination at the employer’s initiative, such as the notice period for dismissal, belong to a different procedure from presumed resignation.
Frequently asked questions
Does job abandonment count as resignation in France?
It can be treated as a resignation, provided the employer follows a procedure. The employer must give the employee formal notice, by registered letter or by letter handed over against a receipt, to justify the absence and return to work within at least 15 calendar days. If the employee does not return within that period, the employer may treat them as having resigned.
Can you get unemployment benefit after job abandonment?
As a rule, no, if the employer treats the employee as having resigned: they are not compensated by France Travail. If the employer does not treat them as having resigned, the employment contract is still in force and the employer issues neither the certificate for France Travail nor the end-of-contract documents.
Which absences are not job abandonment?
The employer cannot treat an absence as job abandonment when the employee leaves without permission, in particular, to see a doctor because of their health, exercise their right to withdraw from danger, go on strike, refuse an instruction contrary to regulations or refuse a change to their employment contract decided by the employer.
Can a presumed resignation be challenged?
Yes. An employee treated as having resigned can apply to the employment tribunal (conseil de prud’hommes) to challenge the termination of their contract. According to the Service-Public guide, the claim is dealt with within one month of being filed.
Sources
- Service-Public, Qu’est-ce qu’un abandon de poste par un salarié dans le secteur privé ? (job abandonment in the private sector), guide checked on 6 August 2026, consulted on 11 November 2026.
- Service-Public, Modèle de lettre de mise en demeure pour abandon de poste (template formal notice letter), template checked on 8 July 2026, consulted on 11 November 2026.
- Entreprendre.Service-Public, Abandon de poste : le délai de présomption de démission ne peut être inférieur à 15 jours (15-day minimum period), news item published on 20 April 2023, consulted on 11 November 2026 (for the Act of 21 December 2022 and the decree of 17 April 2023).