However, notifying the company of your resignation is not the same as leaving your post without informing the company. In this post we analyze what job abandonment is.
Abandonment, therefore, is a de facto resignation, even if the employee has not expressly communicated this to the organization. For it to be considered as such, the company must prove it , relying on the study of previous conduct that reveals such intention.
It is important to note that there is no definition in the Workers' Statute of abandonment of the workplace, but rather it is a concept that has been defined by jurisprudence.
However, companies must be careful before considering that an absence represents abandonment. To understand this, we will now analyze some specific cases .
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Cases in which there is no abandonment of the workplace
In order for it to be considered that there has been abandonment of the job, the conduct, omissions and acts of the employee must be sufficiently revealing to indicate that the employment relationship has been definitively terminated .
On the other hand, if the absence is repeated and college and universities email list unjustified, we will be faced with a case in which there are sufficient grounds for disciplinary dismissal.
In short, it cannot be considered that there is an abandonment of the job when there is no intention to terminate the employment relationship. As, for example, in the following cases:
When it is the company that prevents the worker from carrying out his or her work. For example, if the company has reinstated a dismissed worker, but prevents him or her from providing his or her services , the worker's absence cannot be considered as termination, according to some rulings.
When there is a delay of several days in returning to work after a temporary disability leave , when this was due to poor communication of the deadline for returning to work. This applies to other cases.
When during the days of non-incorporation the employee has been enjoying assigned vacations, provided that the company cannot prove that the dates have been officially changed.
When it has been impossible to go to the post due to force majeure , even if it has not been possible to communicate properly.
Consequences and precautions to take
We must understand that abandoning the workplace does not entitle the employee to unemployment benefits or any compensation, since it is not a dismissal . In fact, in certain circumstances, the company could request compensation for damages.
