Resignation cannot be presumed.
A resignation is only valid if the employee clearly and unequivocally expresses his desire to terminate the employment contract.
The employee's resignation can result from a simple verbal declaration.
Your collective agreement may provide that resignation is subject to a specific procedure.
You cannot deduce from the employee's behavior alone that he wishes to resign. For the departure of the employee to be considered as a resignation, he must have shown a clear and unequivocal desire to leave the company.
If you have no news from an employee, you cannot interpret this unjustified absence as proof of a clear and unequivocal desire to resign!
No, the unjustified absence and the silence of the employee do not allow you to consider that he resigns.
You must act. First of all, you put the person concerned to justify his absence or to return to his workstation, while warning him that a sanction may be taken against him if he does not react.
In the absence of reaction, you must draw the consequences of the unjustified absence, and dismiss the employee if you consider this measure necessary.
If you want to break the ...
