Abandonment of post: Labor law in Antibes

Maître Cécile Zakine

Lawyer at the Grasse Bar · Doctor of Law

Abandonment of post

Abandonment of post: the procedure to follow

Maître Cécile Zakine can help you on a daily basis for many tasks in the Antibes, Sophia-Antipolis and Alpes Maritimes region.

If an employee fails to report to work without a legitimate reason and without permission and without writing to his employer within 48 hours of his absence, this is considered to be an abandonment of post, which may lead to dismissal for serious misconduct.

Dismissal for gross misconduct is justified by the fact that it is a breach of contractual obligations.

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

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Frequently asked questions

Qu’est-ce que l’abandon de poste en droit du travail ?

C’est le fait pour un salarié de cesser de se présenter à son travail sans motif légitime et sans autorisation. L’employeur peut alors engager une procédure de licenciement pour faute grave.

Combien de temps faut-il pour être licencié pour abandon de poste ?

L’employeur doit d’abord mettre en demeure le salarié de justifier son absence. Sans réponse dans un délai raisonnable (souvent 48h), il peut convoquer à un entretien préalable. Le licenciement peut intervenir en 2 à 3 semaines.

Puis-je être indemnisé si je démissionne après un abandon de poste ?

Non, l’abandon de poste est une faute grave qui prive de préavis et d’indemnités de licenciement. Mieux vaut négocier une rupture conventionnelle avec Me Zakine.

Que faire si mon employeur me licencie pour abandon de poste alors que j’étais malade ?

Vous devez fournir un certificat médical dans les 48h. Si l’absence est justifiée, le licenciement est abusif. Me Zakine vous aide à contester devant les prud’hommes.

Quels sont les risques de l’abandon de poste pour le salarié ?

Risque de licenciement pour faute grave, sans indemnités ni préavis. De plus, Pôle emploi peut appliquer un différé d’indemnisation. Me Zakine vous conseille sur les alternatives.

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About Cécile Zakine

Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation

A legal question on this subject?

Me Zakine meets with you in Antibes or via videoconference.
First consultation 30 min — €45

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Fabien Liegeois

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Excellent solicitor whom I highly recommend. She resolved a very complex matter for me involving a co-ownership association and its managing agent, with a clear strategy. After consulting with numerous solicitors without result, she was the only one who truly took the time to analyse the situation in depth and build a genuine strategy. Responsive, rigorous and very committed, you can trust her implicitly. Thank you Maître Zakine.

Ghazal Jaber

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I recommend Master Cécile ZAKINE for any real estate law matter. She accompanied me in a dispute against my property developer with professionalism. Throughout the proceedings, she provided me with detailed explanations at each stage, allowing me to fully understand the progress of my case. Her responsiveness was much appreciated, responding quickly to my questions, which was very reassuring during this stressful period. I also appreciated her regular follow-up with appropriate updates without having to constantly request them.

Ghyslaine Pansier

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Thank you Master for these clear explanations. Your analysis and your professionalism. I strongly recommend

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I asked Master Zakine to support me with questions in real estate law. I was particularly satisfied with her responsiveness and her advice. I highly recommend her!

Corinne Khoury

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One can only underline the seriousness and professionalism with which she carries out her mission, Master Zakine Cecile demonstrates great legal rigour, a fine analytical capacity and a strategic sense that inspires confidence. Always attentive, she knows how to translate sometimes complex situations into clear and effective solutions; her commitment, her availability and her tenacity demonstrate that she does not merely defend: she truly supports; her work combines competence, humanity and determination, all qualities that make the difference and deserve to be recognised.

F et C Durietz

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The best for managing real estate law!!!! Thank you so much for curing my financial cancer faced with corrupt banks! My life is becoming normal again thanks to you

Franklin

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Master Zakine is the only lawyer to have won in civil court in the Apollonia case. This case involving more than a thousand victims, more than a thousand ongoing proceedings!!!! This lawyer listened to me with such empathy, professionalism, expertise!! Throughout the proceedings, Master Zakine thwarted all obstacles in our path and was able to plead my case with such sincerity! All aspects of my case were mastered by this lawyer. No hesitation, she is the lawyer you need in real estate law!

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Hello new client and very good she provides telephone appointments given Master's availability unlike some who tell you they'll call back and don't 😉

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SEVERINE BOURGEOIS

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Very good consultation with Ms. Zakine. Thank you very much for your advice which we will apply. Your explanations were very clear. Very pleasant person. I recommend

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I strongly recommend Master Zakine who was able to provide me with her expertise and clear advice regarding the resolution of my dispute. She demonstrated professionalism and rigour, promptness in her analysis of the situation, as well as a great capacity for listening and empathy.

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Cristiana Luciani

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Consulted for advice on VEFA. Master Zakine was a valuable source of information for me. She was also very responsive and available in our exchanges

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I made an appointment with Maître Zakine for a 1-hour consultation in his office. I needed clarification regarding a dispute with my trustee. Punctual and courteous, Maître Zakine took my problem into consideration and proved to be very professional, giving me excellent advice. I initially thought that we would have covered the issue in half an hour; but the hour ultimately passed quickly. To be recommended without reservation.

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Maître Zakine is very professional. I recommend this person to help you with your legal appeals.

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Efficient service, fast and concrete communication. Serious, kind and helpful professional. Very positive experience!!

Emmanuel Baudino

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Master Céline Zakine was very efficient, her sound advice was very useful to me and I thank her for her benevolent support, her empathy and her professionalism.

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Very good lawyer gives the best advice in any situation! Moreover, we can say that he is a pugnacious lawyer! Thank you for accompanying me during my dispute!

Abandonment of post: Labour law in Antibes

Abandonment of post

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Frequently asked questions

Qu’est-ce que l’abandon de poste en droit du travail ?

Combien de temps faut-il pour être licencié pour abandon de poste ?

Puis-je être indemnisé si je démissionne après un abandon de poste ?

Que faire si mon employeur me licencie pour abandon de poste alors que j’étais malade ?

Quels sont les risques de l’abandon de poste pour le salarié ?

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