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Resignation and unemployed workers: a right to unemployment under conditions since the entry into force of the "Professional Future" law
As a reminder, an employee could only receive unemployment benefit when his or her employment contract was terminated by redundancy or contractual termination. However, when he resigned, the employee could not hope to receive said allowance. Law No. 2018-771 of September 5, 2018 made it possible to open the unemployment insurance allowance to workers who resigned and had a retraining project. It should also be noted that the law establishes the principle of extending unemployment compensation to self-employed workers who will be paid, under certain conditions, to self-employed workers in the event of involuntary cessation of their activity. Two implementing decrees were published in the Official Journal: – Decree No. 2019-796 of July 26, 2019 relating to new rights to compensation, various measures relating to workers deprived of employment and the experimentation of a job search journal, – Decree No. 2019-797 of July 26, 2019 relating to the unemployment insurance scheme. In the event of an employee's resignation, Decree No. 2019-797 of July 26, 2019 provides that the resigning employee must meet certain conditions in order to benefit from unemployment insurance: – be fit for work; – seek employment; – meet specific previous activity conditions; – pursue a serious professional retraining project requiring training or a project to create or take over a business. Article 2 of the Decree of July 26, 2019 relating to the unemployment insurance scheme states that "have right to the return to work assistance allowance for employees whose loss of employment is involuntary. This condition is met by employees whose loss of employment results from : - redundancy ; - the end of a fixed-term employment contract, in particular a contract for a specific purpose, or a mission contract - early termination of a fixed-term employment contract, in particular a contract with a defined purpose, or a mission contract, at the initiative of the employer; - a breach of an employment contract resulting from one of the causes set out in Article L. 1233-3 of the Labour Code. The retraining project must be of a real and serious nature, as attested by the regional interprofessional joint commission, created in each region in particular to provide financial support for professional transition projects. The employee must therefore send a request to the commission by any means giving a certain date.The commission makes its decision on seriousness, which will be based on the different criteria. If the answer is positive, the employee has 6 months to apply for unemployment benefit. Regarding the condition relating to the exercise of a previous activity: The employee must provide proof of a duration of affiliation corresponding to periods of employment completed in one or more companies. It is at least 1300 days worked during the 60 months preceding the end of the contract. Regarding the job search carried out by the resigning employee: During the retraining project, to fulfill the job search condition required to benefit from unemployment insurance, it will be sufficient for the worker to be registered as a job seeker and completes the necessary steps to implement its project. These procedures will be monitored by Pôle emploi at the latest after 6 months, which may decide to deregister the beneficiary in the absence of real procedures. Finally, regarding the duration of compensation: The duration of compensation giving rise to payment of the allowance cannot be less than 182 calendar days nor more than 730 calendar days. For the unemployed employees aged at least 53 and under 55 on the end date of their employment contract, this limit is increased to 913 calendar days. For unemployed employees aged 55 and over on the end date of their employment contract, this limit is increased to 1,095 calendar days. Are deducted from this number of calendar days corresponding to the number of calendar days, the days located outside a period during which the person concerned benefits from an employment contract, corresponding to: – maternity periods and periods of compensation granted to the adoptive mother or father; – maternity periods compensated under welfare provision; – periods of sick leave lasting more than fifteen consecutive days; – during periods of work accident as well as periods of illness of occupational origin; – periods of professional activity not declared by the job seeker. This Law aims to secure career paths and provides the means to recreate themselves in their choices and their professional project.
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