Dismissal and unemployment benefit, how does it work?

Between the need for a change of scenery, new opportunities for working conditions, burnout, lack of recognition or, more broadly, being fed up with the job, there is no lack of reasons to want to find another job. While people often spent their entire careers in the same company over the past century, the French are increasingly showing their desire for change. According to a recent opinion poll conducted by the BVA institute for Mediarh.com, 23% of respondents say they plan to resign within the next two years. A number that rises to 33% among 18-34 year olds.

But it is still necessary to have the means of your ambitions. If you don’t sign an employment pledge in advance to move directly to another position, Pôle emploi can pay you the famous return-to-work assistance allowance (ARE) during your period of inactivity… but only under certain conditions.

a legitimate reason

During the 2017 presidential campaign, candidate Emmanuel Macron promised to open up unemployment insurance rights to employees who resign. Five years later, many workers still mistakenly think that they will always receive Pôle Emploi benefits if they leave their company. In fact, the legislation imposes strict criteria by limiting this possibility to dismissals considered legitimate, that is, 17 specific situations.

In the personal context, this is for example the case of a move to follow a PACS spouse or partner (cohabitation is not considered) or a forced change of residence due to domestic violence. More marginally, a minor or a person under legal protection (guardianship, guardianship, etc.) may also leave their employment to follow their parents or guardian. Certain professional reasons are also accepted, such as having suffered a criminal act at work (harassment, etc.) Likewise, if after a dismissal, contractual termination or termination of a fixed-term contract, you find a job directly, but decide to resign before the required 65 working days, you can apply for unemployment benefit.

Another scenario: go out to create or take over a business and fail. In addition, committing to a civic service or volunteering contract also allows you to receive unemployment. When you register with Pôle emploi, you must provide the necessary supporting documents to support your application.

conversion to light

Since November 1, 2019, a new reason for dismissal has been added to the list of situations for obtaining compensation from Pôle emploi: retraining. But attention, only workers with a permanent contract with five years of activity in the last 60 months can complain. And nothing is gambled, as it is necessary to go before a mixed regional commission to prove the real and serious character of your professional project. Furthermore, only requalifications involving the completion of a training course or the creation or acquisition of a company are eligible. Only after the commission has issued a certificate of agreement can you register with the Pôle emploi and apply for unemployment benefits.

More information at: Demission-reconversion.gouv.fr or by contacting the official telephone line on 0 801 01 03 02 (no surcharge)

A new chance… in 4 months

Do you want to resign but your situation does not correspond to the scenarios considered legitimate by Pôle emploi? Ideally, it would be best to reach an agreement with your employer to release you from your CDI through a conventional termination. This way, you will not only be able to receive redundancy payments, but also benefit from unemployment benefits.

If your boss is not inclined to this commitment and you want to move on, know that 4 months (i.e. 121 days) after you have resigned, you can request a review of your situation by Pôle emploi if you still have not found work. More specifically, it is the regional joint body that will examine your file and may grant you a subsidy from your 122nd day of inactivity.

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