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Pension Reform: First two decrees published ahead of September 1st implementation | "No Show, No Call” absenteeism

Published on : 04/07/2023 04 July Jul 07 2023
Newsletter / New legislation

New pension reform: the first 2 implementation decrees have been published in view of the law’s entry into force next September 1st 

Decrees 2023-435 and 2023-436, in application of the new pension reform law, were published on June 3rd, 2023. In summary, they set out the rules on the progressive increase of the pension age from 62 to 64 years old and on early retirement for those having started work early, who are disabled or permanently incapacitated.
The first decree covers several branches of the public sector.

The second decree covers early retirement options. The rules for those having started work early are updated, setting out 4 different retirement ages for those having started work at 16, 18, 20 or 21 years old who can, respectively, retire at 58, 60, 62 or 63 years old. Disabled employees can still retire upon reaching the age of 55 and the retirement conditions have been made more flexible. Permanently incapacitated employees can also claim their pension rights when they reach the age of 62.

Finally, the decree allows employees who have requested to benefit from their pension rights before September 1st, 2023 and who were due to retire at this date can ask for a deferral before October 31st, 2023.
The remaining decrees will be published in the coming weeks. 

“No Show, No Call” absenteeism can be presumed to amount to a resignation 

Prior to the December 21, 2022 law, in case of a “No Show, No Call” situation, employers could only terminate employees’ contracts by following the dismissal procedure on disciplinary grounds set out by French law.

Pursuant to Article L. 1237-1-1 of the French Labor Code, as amended by the law of December 21, 2022, employees who voluntarily abandons their position and do not return to work within the time limit set by their employer may now be presumed to have resigned. The decree adopted on April 17, 2023, sets out the procedural steps which must be followed:

i) the employer must send employees a formal letter by registered post with acknowledgement of receipt. In this letter, the employer must ask employees to justify their absence and, in the absence of a valid reason, require them to return to work by a certain date. Such date cannot be less than 15 calendar days from the date on which the registered letter will first be delivered to employees. According to guidance provided by the Ministry of Labor, the employer must also explicitly state that should employees not return to work before such date, they will be presumed to have resigned. The employer should also remind employees of the duration of their mandatory notice period.

ii) Within said time period, employees must provide a legitimate reason to justify their absence. The decree provides a non-exhaustive list of legitimate reasons that employees may put forward to avoid being presumed to have resigned e.g. medical reasons, the right to withdraw from a dangerous situation in the workplace, the right to strike, modifications of their employment terms, etc…

iii) If employees do not respond within the set time period or do not provide a legitimate reason, employees will be presumed to have resigned at the end of the said time limit. 

 
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