UNEMPLOYMENT. A decree specifies the conditions under which the agents of the public service will be eligible for unemployment insurance. You details all.

Summary Reform which has already changed Conditions for the Calculation and duration Request

[updated June 19, 2020 at 08h44] They will finally be able to claim unemployment insurance. The agents of the public function State, hospital region, as well as the officers of The Post office and Orange are concerned by this provision are specified in a decree published Thursday in the official Journal. The circumstances in which these agents are considered to be “involuntarily deprived of employment” ? It is also what details the text of the law. Here are the situations that allow you to claim unemployment insurance :

You are a public servant and have been removed from office the executives or licensee’s controls and personnel in public law or private law, whatever the motive, to the exclusion of a cancellation or a termination for abandonment of post ; You are part of the personal of public or private law whose contract has come to an end and is not renewed by the employer ; You’re one of those whose contract came to an end during or at the end of the trial period, at the initiative of the employer ; You are a public servant and have been placed in office, for health reasons, availability, non-compensated or unpaid leave at the expiry of the rights to sick leave ; You have been placed, or maintained off, or leave without pay because your employer had no job vacant, or the ability to reinstate you, or you re.

The publication of this decree, comes as the executive is shortly to make its trade-offs on the reform of the unemployment insurance. In the framework of the health crisis, the sars coronavirus, it has been postponed until September, and this, while she was to enter into force on the 1st April 2020. Recession forces, its implementation could be questioned, in order to avoid a social crisis of magnitude. Many of the layoffs are expected to take place in the coming months . The Bank of France anticipates that the unemployment rate is expected to exceed 10% by the end of 2020 , and climb up to a higher peak at 11.5% in mid-2021 , a level “above historical precedents”. What are the points of the reform that are at the heart of negotiations with the social partners ? It makes the point.

What does the reform of unemployment insurance ?

The arm of iron between the social partners and the executive promises to be difficult. Since the beginning of the health crisis, virus Covid-19, the trade unions call for the abandonment pure and simple of the reform of unemployment insurance, found to be very severe. The government, through the voice of Muriel Pénicaud merely indicates that he “had to look if there were rules to adapt”. For the time being, difficult to know what will actually be the trade-offs.

But what does this reform in the facts ? It is 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 current crisis. It would therefore have been inappropriate to apply the reform in the immediate future. In fact, several measures are under the microscope of the authorities for the coming months :

The conditions of eligibility for the unemployment allowance : if the reform comes into force, it will need to have worked six months during the last 24 months prior to the end of the contract, against the four months to 28 previously. “It is understood that the government will make a not and come back in four months instead of six months” worked to open rights to unemployment insurance, said Yves Veyrier (FO) Monday, June 15. The calculation of the AS : in the framework of the reform, l e daily wage of reference will 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. It should enable to make sure that we can’t win more to unemployment than in activity. The degressivity of unemployment benefits for the high income The no claim bonus on employer contributions : it should enter into force in 2021 to curb the use of contracts short. What are the parameters that were adjusted during the health crisis ?

What is now the duration of affiliation ?

It has been reviewed, and this, in order that some employees do not find themselves without resources in this period of confinement. Since November 1, 2019, it had to have worked for six months on the last 24 months. The decree n° 2020-425 of 14 April 2020 has revised this provision in exceptional ways. Now, an unemployed worker must have worked six months on the 27 months prior to the end of his last contract work . It was the same loche for the intermittents du spectacle and the artists : the duration of the affiliation is now of 507 hours over the last 15 months, compared to 12 in normal times.

How is calculated the salary of reference ?

The ministry of Labour has indicated that the periods of inactivity that are not covered by a contract of employment will not be taken into account to determine the daily wage of reference, in this time of crisis. As a reminder, the AS serves as the basis for the calculation of your unemployment benefit. “As of September 1, 2020, the daily wage of reference (SJR) (…) will be at a middle-income representative as well as periods worked and periods not worked during the last 24 months” , explain in a press release on the ministry’s website. “However, in exceptional circumstances, periods of idle not covered by a contract of employment during the period of a public health crisis will not be taken into account for the determination of the SJR and will not have an effect on the amount of allocations “.

What about the degressivity of unemployment benefits ?

This is another provision of the decree published in the official Journal. The degressivity of unemployment benefits after six months for returns in excess of 4 500 euros gross has been suspended . As a reminder, this provision had been implemented as at November 1, 2019, and was due to enter into application on 1 may.

I’m unemployed, at the end of rights, what changes with the crisis of the sars coronavirus ?

As previously explained, the executive has agreed to extend the payment of unemployment benefits (so-called allowance of a return to employment or ARE) in the context of the epidemic, and until it is completed. In normal times, a job seeker who has come to the end of the compensation period may, under certain conditions, perceive the allowance of specific solidarity (ASS) . As a reminder, the monthly income must not exceed a certain threshold (1 171 euros for a single person, 1 841 euros for a couple). The amount of ASS reached 502,20 euros per month for a single person with less than 669 of resources on a monthly basis. You do not meet the conditions to receive the allowance in unemployment, because you have not worked long enough ? Under certain conditions, you can benefit from the income of active solidarity, called RSA and paid by the Fca, which applies to people without resources, and supporting. The amount for a single person is 559,74 euros.

I have resigned prior to the containment, can I collect unemployment benefit ?

In normal times, the employees who have resigned, except for a legitimate reason – are excluded from the unemployment insurance scheme. Exceptionally, the device is reviewed. Will be affected, the employees who resigned “shortly before the confinement, before 17 march, and who had a promise of employment, on permanent contracts, fixed-term contract”. Attention, it is the employees including the “new employer has terminated the contract within a period of 65 days from the 1st of march or which the”hiring effective could not take place, but the person has a promise of employment or, failing this, of an attestation from his employer, justifying the postponement of the hiring ,” said the ministry of Labour.

What are the conditions to receive the allowance for unemployment ?

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 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 considered legitimate (read more below) . You need to justify a 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 “(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. 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 it is donné 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 amount of AER gross per day is composed of :

a fixed share of 12 euro a variable portion equivalent to 40.4% of the daily wage of reference . The latter is equal to 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)”.

are You lost ? Don’t panic. The site service public provides an example of an asset that has worked from January 1 to December 31, 2019. In this capacity, he has worked 261 days. If on this period, he has won 25 000 euros gross, then it implies the following formula to determine your daily salary of reference : 25 000 / (261 x 1.4) = 68,42€. In fact, the AER must be between 57% and 75% of the daily wage of reference . “ The net amount of the AER may not be less than 29,26 € “, we can read on the site service-public.

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 unemployment insurance which comes into force on 1 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.

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.

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 may 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,” explains service couldblic 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 .

RELATED ARTICLESMORE FROM AUTHOR