Vague de démissions en France : dans quels cas pouvez-vous toucher des indemnités chômage de Pôle emploi ?

Vague de démissions en France : dans quels cas pouvez-vous toucher des indemnités chômage de Pôle emploi ?

Considering Quitting Smoking? If you initiate the termination of the contract, you cannot, in principle, collect the unemployment benefit. However, the regulations allow exceptions and certain waivers allow compensation by Pôle emploi, under very specific circumstances and conditions. We take stock.

Since 2008, the number of employees leaving their jobs has never been higher. Is France going through a “great resignation”, similar to the phenomenon that has affected the United States since the Covid crisis?

With 520,000 resignations, between the end of 2021 and the beginning of 2022, including 470,000 to leave an indefinite contract, the latest figures released by Dares (Directorate for Animation of Research, Studies and Statistics) in any case report a new record. It remains to be seen in which particular cases you may receive unemployment benefits after a resignation.

Exceptions that prove the rule

In principle, when you resign, you cannot benefit from any unemployment benefits. However, it is possible to be compensated by Pôle emploi in certain cases. The law regulates four situations that authorize you to receive compensation:

1. If the resignation is considered legitimate: this situation includes resignation for family reasons, that is, if you get married, change your place of residence, are a minor and follow your parents, or if you have to accompany your disabled child or if you are a victim of domestic violence, which requires a change of residence, remember RTL.

2. If the resignation occurs for professional reasons: in the event that you resign before 65 working days and that you leave a layoff, conventional termination or end of CDD, after three years of continuous affiliation, if you resign as a result of a criminal act, so you are a victim in the context of work, or if you have a civic service contract or volunteer service for at least one year. All possible cases can be found directly on the Pôle emploi website.

What happens if my trial period ends?

Termination of the probationary period by the employee is similar to a resignation. If you terminate your employment contract during the trial period, you will therefore not be entitled to unemployment benefit. However, you can claim compensation if the termination of your trial period falls into one of the situations mentioned above.

3. If the resignation occurs within the framework of a professional retraining: if you have resigned but you have a “real and serious” professional retraining project, you can access the unemployment benefit. However, there are two conditions. First of all, you need to make sure that meet all the conditions inherent to this “real and serious” conversion project. You can find the many conditions at demission-reconversion.gouv.fr. You must also validate the many conditions on the government site.

4. If you are being compensated by Pôle emploi: the voluntary termination of your employment contract does not interrupt the payment of your allowances, in three different cases:

  • You have worked less than 65 days and less than 455 hours since your entitlement to unemployment insurance
  • The employment contract that you resigned had a duration of less than 8 calendar days (every day counts, weekends and holidays included)
  • The employment contract you resigned represents less than 17 hours per week.

5. The last situation in which you can receive unemployment benefit after resignation is if your situation does not correspond to any of the previous ones. You must then request a review of your situation from the Joint Regional Body (IPR). This Pôle emploi body is made up of an equal number (union and employer representatives). More information at pole-emploi.fr

  • To do this, you will need to wait 4 months (ie 121 days) without replacement income.
  • You will have to present to the IPR the steps taken to find work during these 4 months.
  • The IPR can decide whether or not to give you an allowance as of day 122.
  • In the event of a positive response, the subsidy is assigned from the 5th month following the resignation, under the same conditions as a normal entitlement.

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