Unemployment insurance : reform delayed, as we know

UNEMPLOYMENT INSURANCE. After a new meeting with the social partners, the Prime minister announced the postponement of the reform of unemployment insurance, whi

Unemployment insurance : reform delayed, as we know

UNEMPLOYMENT INSURANCE. After a new meeting with the social partners, the Prime minister announced the postponement of the reform of unemployment insurance, which was due to enter into force in September. Here's what this implies.

Summary Reform Conditions and Calculation time Request Officials

[updated 20 July 2020 at 16h18] This is one of the few records that has been determined by the executive : the controversial reform of unemployment insurance was finally postponed to 2021, at least on the 1st January. As a reminder, it was initially expected to enter into force on the 1st of April, and has been shifted due to the health crisis of the sars coronavirus. This decision was taken on Friday, July 17, at the end of a meeting with the social partners. It also relates to the first part of the reform came into force in November 2019 toughening the conditions of entitlement to unemployment benefits. "It is a satisfaction for the unemployed are not affected at the beginning of September by these measures we had always called unjust," said Laurent Berger (CFDT). The trade unions call for the abandonment pure and simple of this reform. The ministry of Labour has indicated that he would be meeting with the social partners by the end of the year "to see if we can change all or part of the characteristics of these measures as they are more adapted to the context," said the entourage of Elizabeth Terminal.

The reform of the unemployment insurance postponed, that is it that is changing ?

The reform aims to harden the calculation of the allowance for the return to employment for workers who alternate short-term contracts and periods of unemployment . In particular, are concerned the tourism, catering or events. However, these sectors are the hardest hit by the health crisis. It would therefore have been inappropriate to apply the reform in the immediate future, as planned on 1 April. In order to avoid a back to school social explosive, in a context marked by rising unemployment, the government has preferred to postpone this reform in the next year. But that implies this decision ? We made the point in detail :

terms and conditions of eligibility for the unemployment allowance : you need to have now worked four months on the 28 last month for open rights. Since November 1, 2019, it had to have worked for at least six months during the last 24 months. note, however, the government has not yet specified the date of entry into force of this decision. "We need to track how we manage the transitions, as it was clarified very quickly that for the information of the persons concerned", was recognized by the ministry of Labour with the AFP. The calculation of the unemployment allowance : it does not change. In the framework of the reform, the e daily salary of reference was to be assessed on the last 24 months . It will then be divided by the total number of days worked or not, between the beginning of the first contract and the end of the last. He had to make sure that we can't win more to unemployment than in activity. The degressivity of unemployment benefits for high income : suspended during a public health crisis, this provision has also been postponed to 1 January. As a reminder, employees under the age of 57 years who had an income from work of more than 4500 euros gross per month (3 500 euros) would see their compensation reduced by 30% from the 7th month. The no claim bonus on employer contributions : it ought in theory to enter into force in 2021 to curb the use of contracts short. This provision was ultimately postponed for six months. The deputies have already removed the tax of 10 euros on each of the "CDD d'usage", which would have had to apply this year. These CDD are very flexible and often very short (one day or less) are developed in an uncontrolled manner in recent years. What are the conditions to receive the unemployment allowance ?

You have lost your job and you want to know if you meet the conditions, don't panic. Have already in mind that the agents of the public service and the private sector can benefit from the AER under the same conditions. But what are these last ? You summed up the current rules :

You must demonstrate minimum duration of work , and therefore have contributed sufficiently. One speaks of the period of membership. Specifically, if you have less than 53 years old at the present time, you have to justify six-months of work (in the waiting for a cancellation date of the reform of unemployment insurance) "(130 days or 910 hours) in the last 24 months to the end date of your contract of employment". This duration was lengthened to 27 months in the context of the crisis. "You must be involuntarily deprived of employment ," says one well on the site service-public.fr. This means that the end of your contract of employment may be the result only of the following grounds : termination for an economic reasons or personal , revocation , the non-renewal of a fixed term contract (CSD) or a resignation considérée as a legitimate (read more below) . Be absolutely registered with the employment within 12 months of the end of your work contract , or carry out any training included in your personalised plan for accessing employment (PPAE). Finally, it is necessary to perform acts "positive and repeated" to find a job. You must not have reached the legal age of retirement fixed at 62 years of age or meet the conditions of the full rate.

Can you get unemployment after resignation ?

Yes, provided that the reason for your resignation is legitimate . By legitimate, we mean in particular the fact to resign in order to follow the person with which it is in torque. This pattern is valid both for the officials and employees of the private sector . On the dedicated website of service-public.fr there is a list, you can find it in full, here. Here are some examples :

You have been forced to relocate : to track your spouse, or your parents, after a marriage or a civil partnership, because you are a victim of domestic violence or because your disabled child is welcomed into a structure that is far from your home. You have resigned a contract helped or CDDI (fixed-term contract of inclusion, for young people under the age of 26 in great difficulty, for example, or the beneficiaries of minimum wage) to do skill training.

You have a project of professional retraining or creation of business.

dismissal for gross misconduct may give rise to the payment of an unemployment allowance ?

Yes, the dismissal for negligence, whether simple, serious or heavy, is considered as a ground for disciplinary and staff. It integrates in the framework of the unemployment insurance. As a reminder, we denote by serious fault a fault in which the facts are attributable to the employee, and which does not allow its retention. This is the case of abandonment of position for example, kai or insubordination and the drunk during working hours, for example.

I have made a contractual termination with my employer, can I receive unemployment ?

Yes, when you have agreed to a contractual termination with your employer, you may be entitled to receive the allowance for the return to employment paid by Pôle emploi.

How the unemployment benefit is calculated ?

To determine the amount of the allowance back into employment, centre for employment takes into account your previous salary. The AER must be equal to the greater of these two formulas, explained the job center on its website :

40.4% of your daily wage baseline+ 12 € (from the 01/07/2019) ; 57 % of your SJR.

as A guide, AS is the annual salary of reference divided by the number of days worked over the last twelve months, which precede the last day worked. "The number of days worked maximum retained on the reference period is 261 days," one can read on the website as a public service. "The calculation of the SJR is obtained in the following manner : SJR = reference salary / (number of days worked x 1.4)".

the amount of The allowance for the return to employment is strictly limited : it must be between 57 and 75% of the daily wage of reference. The amount may not be less than 29,38 euros per day. The amount that it has to be qualified, since, this amount corresponds to the situation of a person working full-time, reminiscent of the Unédic on its website.

"After a part-time, the computation of your allocation follows the same rules as for a full-time job, but it takes into account your work time special ", indicates the Unédic on its dedicated page. "To do this, Pôle emploi uses a coefficient part-time. This ratio is equal to your number of weekly hours of work divided by the weekly schedule of legal (35 hrs) or conventional applied in your old company " .

Keep in mind that the allocation of a return to employment is declining for the very high income. If the ARE "daily upper to a previous salary gross monthly average of € 4,500, a discount of 30 % is applied from the 7th month of payment (with a floor set at 2 261 euros net per month)", says one.

is it possible to simulate the amount of his unemployment benefits ?

Note that you have the possibility to estimate the amount of your compensation unemployment using the simulator available on the site of the job center, here. Note : this tool does not yet reflect the reform of the unemployment insurance which was due to enter into force on the 1st April. As the reprécise well Pôle emploi on the same page, it is better to already be registered and carry an estimate in his personal space. "The result you will get will take into account your situation", it was argued.

What is the duration of compensation ?

It depends on the duration of the job that you have exercised over the last 24 months prior to your loss of employment and your age. Here are the rules that will apply from 1 November 2019, the employees of the private sector as agents of the public service :

You have less than 53 years old and have exercised of 6 months in the last 24 months : you do pouvez not qualify for compensation. You have less than 53 years old and have worked for more than 6 months during the last 24 months : compensation unemployment between 182 and 730 calendar days (includes all calendar days, including holidays). You have between 53 and 54 years of age, you have worked less than 6 months in the last 36 months : no compensation. You have between 53 and 54 years of age, you have worked more than 6 months over the last 36 months : the duration of your unemployment allowance is between 182 and 913 calendar days . You are over 55 years of age or more and have worked less than 6 months in the last 36 months : no unemployment . You are 55 years or older, have worked for more than 6 months : you can recover compensation for a period of between 182 and 1,095 days calendar .

as a reminder, the people who have reached the retirement age, in theory, can no longer benefit from the allocation of a return to employment. "If you are over 62 years of age, and you touch the ARE for at least 1 year, the duration of payment can be extended until you meet the conditions to receive a pension at the full rate," says public service on its website, on condition of having contributed 12 years to the unemployment insurance, or failing that, to justify 100 quarters of contributions to retirement.

How to make an application for unemployment benefits ?

Keep in mind that the loss of employment does not immediately the payment of an unemployment allowance. Beforehand, you must register with job center as a job seeker. Be aware that you can register from the day after your last day of work. Attention, we remind you), you must register within 12 months of the end of the contract to obtain an unemployment benefit.

To register, nothing more simple : visit the site of the job center, at this address : https://candidat.pole-emploi.fr/inscription/preambule. You must have several documents to prepare for your registration :

Your id , Your social Security number (that you can find on your carte Vitale for example), The parts on your professional path ( attestation Pole emploi, pay stubs , etc), CV RIB

once you have completed registration, a personal space is created. You can find various documents and, in particular, to send several files in order to receive an unemployment allowance. And after ? Within 30 days of your registration, you must go to an interview with an advisor to Pôle emploi. If you're lost, know that you can contact the job center by phone at 3949 .

Keep in mind that the allocation of a return to employment is not paid once your registration is completed. Pôle emploi applies a waiting period of seven days. Also, be aware that if you receive compensation, at the end of your contract of employment in respect of paid leave, a period known as "deferred compensation" applies. It is determined by dividing the amount of your allowance by the daily wage of reference. We then get a number of days deferred.

Who are the officials who can benefit from unemployment insurance ?
Updated Date: 20 July 2020, 11:58

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