An employee who voluntarily abandons his post and does not return to work after having been given formal notice to justify his absence and to return to his post, by registered letter or by letter delivered personally against receipt, within the period set by the employer, is presumed to have resigned on expiry of this period.
An employee who challenges the termination of his employment contract on the basis of this presumption may bring the matter before the industrial tribunal (Conseil de prud’hommes). The case is brought directly before the tribunal, which rules on the nature of the termination and the associated consequences. It will rule on the merits of the case within one month of the case being referred to it.
The period provided for in the first paragraph may not be less than a minimum set by decree in the Conseil d’Etat. This decree determines the terms and conditions for the application of this article.