C’est Notre facon la plus radicale et Notre plus efficace, dit-on, Afin de quitter un emploi et toucher une allocation chomage.

Mais est-ce si facile ? Alix Floret, avocate en droit social, rappelle 10 trucs a savoir concernant une telle rupture de contrat jamais tres conventionnelle.

1 Qu’arrive-t-il au salarie apres un abandon de poste ?

C’est radical : un abandon de poste suppose qu’un salarie s’absente du jour au lendemain. Premieres consequences ? « L’employeur laissera d’abord passer 2 heures en attendant 1 eventuel arret maladie, explique Alix Floret, avocate en droit social au sein du cabinet Vaughan. Au bout de 3-4 semaines, face a une absence injustifiee qui dure, il va envoyer une premiere lettre de mise en demeure, suivie desfois d’une seconde, Afin de absence injustifiee. » Faute de reponse, suivront ensuite une lettre de mise a pied et une procedure de licenciement Afin de faute i  fond.

2 L’employeur peut-il Realiser durer le licenciement ?

Meme si ce n’est jamais dans son interet, l’employeur pourra Realiser trainer des choses.

3 Combien de temps le salarie sera-t-il prive de salaire ?

Evidemment, le salarie absent de facon injustifiee ne touchera aucune remuneration. Or le temps de cette suspension est en mesure de etre aleatoire. « Le salaire est suspendu jusqu’a J’ai notification du licenciement. Pendant un mois, habituellement, mais parfois un brin plus si la procedure tarde. » Autre precision utile militarycupid apk : il lui est aussi interdit de travailler ailleurs jusqu’a finalisation du licenciement.

4 L’employeur peut-il interpreter votre abandon de poste tel une demission ?

Malgre bien, le salarie reste aussi protege avec le Code du boulot et Notre jurisprudence etablit bien la distinction entre demission et abandon de poste. « Une demission ne peut decouler que d’une volonte ecrite et non equivoque du salarie de quitter son poste », poursuit la juriste.

5 Le salarie abandonne-t-il toute indemnite ?

Qui dit faute i  fond, devoile, tel faute lourde, absence d’indemnites. « C’est J’ai regle : le salarie ne touchera que ses conges payes. » Seule exception : si un salarie harcele estime que l’employeur l’a pousse a bout notamment. « Cela pourra alors tenter de faire requalifier la nature une faute aux prud’hommes, a condition d’avoir 1 dossier solide. »

6 L’employeur peut-il poursuivre le salarie ? Alix Floret, qui conseille aussi quantite de employeurs, juge une telle eventualite rare… mais forcement possible. « Meme si c’est complique, un employeur pourra forcement engager un contentieux. Tout peut dependre du timing et des conditions du depart. Pour reclamer des dommages et interets, il devra demontrer 1 vrai prejudice avec l’entreprise. »

7 Le salarie a-t-il directement droit a l’allocation chomage ?

Informations pris aupres de Pole emploi — et en vertu de l’article 2 du Reglement general annexe a la convention d’assurance-chomage du 6 mai 2011 – l’organisme ne distingue nullement les motifs de licenciement. « Le droit aux Assedic demeure le meme qu’importe le licenciement », confirme l’avocate. Mais il y a l’article et le contexte. « Meme si je ne l’ai toujours pas constate avec moi-meme, j’entends parfois dire, face a une recrudescence des abandons de poste, que Quelques conseillers deviennent plus regardants. Et rien n’empeche un employe zele d’effectuer passer ce dossier en commission paritaire et cela peut retarder vos demarches. »

8 Que faire si mon employeur m’y encourage ?

Alix Floret decouragerait plutot le salarie tente par l’abandon de poste. Meme si le employeur l’y encourage. « Si les deux parties sont d’accord Afin de se separer, la rupture conventionnelle, prevue pour cette situation, reste la reponse la plus sure et le plus legale pour le salarie. »

9 L’abandon de poste est-il confidentiel ?

Reste une derniere donnee a prendre en compte : si vous avez mis votre employeur en face du fait accompli, la abandon de poste ne restera pas toujours secret. « Si 1 nouvel employeur potentiel appelle le precedent Afin de se renseigner, rien ne lui interdit de le lui raconter si l’episode s’est mal passe. » Et jamais sur que cela fasse excellente impression…

10 Si je change d’avis ?

Sachez que, si vous avez quelques doutes apres un abandon de poste, vous pourrez encore repasser en arriere pendant quelques temps. « Si le salarie reprend le bricolage apres la mise en demeure de l’employeur et avant la notification officielle de le licenciement, l’employeur ne va plus le licencier pour faute grave », conclut Alix Floret. En revanche, une sanction disciplinaire n’est nullement exclue…

Allez plus loin en parcourant une article : Abandon de poste : les cas ou ca ne marche jamais ?

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  101. With havin so much written content do you ever run into any issues of plagorism or copyright violation? My website has a lot of unique content I’ve either authored myself or outsourced but it seems a lot of it is popping it up all over the internet without my agreement. Do you know any solutions to help reduce content from being stolen? I’d truly appreciate it.

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  107. I’m really enjoying the theme/design of your web site. Do you ever run into any browser compatibility problems? A number of my blog readers have complained about my blog not operating correctly in Explorer but looks great in Chrome. Do you have any suggestions to help fix this issue?

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  109. I know this if off topic but I’m looking into starting my own weblog and was curious what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very web smart so I’m not 100% positive. Any suggestions or advice would be greatly appreciated. Kudos

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  115. Please let me know if you’re looking for a writer for your site. You have some really great posts and I believe I would be a good asset. If you ever want to take some of the load off, I’d really like to write some material for your blog in exchange for a link back to mine. Please shoot me an email if interested. Regards!

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  119. It’s a shame you don’t have a donate button! I’d definitely donate to this excellent blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to brand new updates and will talk about this site with my Facebook group. Talk soon!

  120. Hello there! This article could not be written any better! Looking at this article reminds me of my previous roommate! He always kept preaching about this. I most certainly will forward this article to him. Pretty sure he’s going to have a good read. Many thanks for sharing!

  121. What i do not understood is actually how you’re not actually much more well-preferred than you might be right now. You are very intelligent. You already know therefore considerably relating to this topic, made me in my opinion consider it from numerous various angles. Its like women and men aren’t fascinated unless it’s something to do with Lady gaga! Your individual stuffs great. All the time maintain it up!

  122. Oh my goodness! Awesome article dude! Thank you, However I am encountering difficulties with your RSS. I don’t understand why I am unable to join it. Is there anyone else having similar RSS issues? Anyone who knows the solution can you kindly respond? Thanks!!

  123. Hi this is kind of of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding experience so I wanted to get guidance from someone with experience. Any help would be greatly appreciated!

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  125. You are so cool! I do not think I have read a single thing like this before. So great to find somebody with some unique thoughts on this subject. Really.. thanks for starting this up. This website is something that’s needed on the internet, someone with a bit of originality!

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  128. Hello! I know this is somewhat off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at alternatives for another platform. I would be fantastic if you could point me in the direction of a good platform.

  129. Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but instead of that, this is magnificent blog. A great read. I’ll definitely be back.

  130. What i don’t understood is in truth how you are not really much more neatly-liked than you may be now. You’re very intelligent. You recognize therefore significantly in the case of this subject, produced me in my opinion consider it from numerous varied angles. Its like women and men are not interested until it is something to do with Woman gaga! Your personal stuffs excellent. All the time handle it up!

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  134. Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something enlightening to read?

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  136. Hello! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My website discusses a lot of the same topics as yours and I believe we could greatly benefit from each other. If you’re interested feel free to send me an email. I look forward to hearing from you! Excellent blog by the way!

  137. With havin so much content and articles do you ever run into any issues of plagorism or copyright violation? My blog has a lot of exclusive content I’ve either written myself or outsourced but it appears a lot of it is popping it up all over the web without my agreement. Do you know any solutions to help stop content from being stolen? I’d really appreciate it.

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