Compensation and accompanying of Jobseekers In france
36
DAJ 266 - SEPTEMBER 2012 COMPENSATION AND ACCOMPANYING OF JOBSEEKERS IN FRANCE
Transcript of Compensation and accompanying of Jobseekers In france
DAJ 266 - SEPTEMBER 2012
COMPENSATION
AND ACCOMPANYING
OF JOBSEEKERS
IN FRANCE
Availa
ble in
formatio
n
on ww
w.unedic
.org
in E
nglish, F
rench, Germ
an
and Spanis
h
The public service for employment
and the compensation system of jobseekers page 4
Benefits offered to jobseekers
to facilitate the return to work page 12
Social welfare page 31
Working outside France
and job loss protection page 33
page 34
P A R T 1
P A R T 2
P A R T 3
A P P E N D I X
F A C T S & F I G U R E S
Contents
Public Services for Employment
4
The “Service Public de l’Emploi” helps jobseekers access
and return to work, and to secure career development
for all workers
In France, organizations grouped under the Service Public de l’Emploi, providebenefit and support for jobseekers. The SPE fulfils his missions through thereception, the support, the training and the integration of jobseekers. Hismissions include unemployment benefits and the placing of jobseekers. The service public de l’emploi is made up of several types of organizations,each of which provides specific services: • Public services responsible for employment and professional equality :Pôle Emploi *, the AFPA, the UNÉDIC.• Town halls and local public initiatives promoting youth workforce inte-gration, and housing for working residents may also be involved• In addition, public or private organizations offering placement, integration,training, and jobseeker support services that have signed agreements withthe state, as well as temporary employment and placement agencies mayalso be involved. Various agreements exist for planning collaborative initiatives.
Each regional administration office of Pôle Emploi has a regional joint commission
(IPR) which participates in the development and monitoring of employment policy
at the regional level. The IPR ensures that unemployment compensation agreements
are respected and gives rulings on a number of individual jobseekers’ situations.
See opposite for more information about these organizations.
* created by the merger of the Assédic and ANPE networks on December 19, 2008 (Frenchlaw 2008-126 of February 13, 2008 reforming the country’s public services for employment.)
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THE SERVICE PUBLIC DE L’EMPLOI (SPE) PARTICIPATING ORGANIZATIONS
Divisions of the Ministry for Employment
Their mission is to implement the policies set by authorities in terms of labor, employment and
professional training. These divisions also take disciplinary actions against jobseekers if they fail
to meet obligations (at the national level: the General Delegation for employment and professional
training ; at the local level: regional agencies for business, competition, consumption, labor, and
employment “Direccte”).
Pôle emploi
A public agency resulting from the merger (December 19, 2008) between the ANPE (the national
agency for employment) and the Assédic. Pôle Emploi assumes the following responsibilities:
• Registering jobseekers and maintaining the database of the country’s jobseekers,
• Counseling, personalized coaching, and facilitating contact between jobseekers and employers,
• Unemployment compensation through UNÉDIC or the State,
• Labor market analysis and assistance to employers for hiring and redirection of their salaried
employees,
• Supervision of the job search process,
• Public assistance to employers and jobseekers in order to facilitate their return to work.
L’Unédic
The UNEDIC is a jointly-managed non-profit organization responsible for unemployment insurance,
as well as determining and guaranteeing the conditions for issuing unemployment insurance (and
related benefits) in accordance with decisions made by social partners. The UNEDIC also ensures
financial management of the unemployment insurance system and finances Pôle Emploi and pro-
vides studies, analyses, publications, and information for decision-making required by social partners
and her departments. It supervises the conditions for unemployment insurance benefit awards
(compensation, contribution collection) through representatives acting on its behalf (Pôle Emploi,
URSSAF, and unions for social charge contribution collection.
L’Afpa (National Association for professional Training for Adults)
The AFPA operates under the Ministry for Employment and plays a leading role in adult continuing
education. The AFPA deals with the full range of issues related to training and human resources
support. It serves both jobseekers and employee, and provides training tailored to the needs of
the labor market.
Maisons de l’Emploi (local job centers)
Founded as non-profit organizations or public interest groups, these structures include required
members (the municipality that hosts the project, state government, Pôle Emploi), members invited
upon request (regional and departmental representatives) and associated partners (AFPA, consular
organizations, etc.). Their objectives are:
• to coordinate public service employment initiatives,
• to watch the local economy,
• to anticipate labor needs and help the region adapt to economic changes and restructuring,
• to integrate, guide and accompany jobseekers, salaried employees and entrepreneurs.
P A R T 1
A sole protection system
made up of two schemes
6
Since April 1984, the French system for involuntary loss
of employment protection consists of two schemes :
• The unemployment insurance scheme
• The solidarity scheme
The unemployment insurance system provides replacement revenue forthose who have involuntarily lost their jobs, and who have contributed tothe national unemployment insurance scheme while working.
The solidarity scheme provides payments to : unemployed persons whoseentitlement under the unemployment insurance scheme has come to anend, certain categories of unemployed persons who are not entitled tounemployment benefits, and to some older jobseekers.
The UNÉDIC contributes to Pôle Emploi’s investments and activities up to 10 % of
the amount of the unemployment insurance contributions collected and paid by
employers. Pôle Emploi also receives public funding.
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P A R T 1
Social partners(Art. L.5422-20 of the LC)
• Management of unemploymentinsurance
• Prescribing rules for the application• Assessment of devices• Financial Management
Pôle emploi(Art. L.5427-1 of the LC)
Acoss Pôle emploi CCMSACCVRP CMAF CPS CCSS
(Monaco)
• Implementation of compensation and assistance• Exploration of the labor market
• Database of job offers• Recruitment assistance for companies • Registration and support for jobseekers
• Job searching follow-up• Collection of CRP/CTP, expatriate,
and entertainments’technician contributions
Regional joint commission(Art. L.5312-10 and R.5312-28 of the LC)
• Ensure that unemployment insuranceagreements are correctly applied
• Rulings on individual cases
territorial joint commission
• Suggestions for rulings onindividual cases approved
by regional joint authorities
Agreementon the collection of contributions
payable by employers
Two-party agreementUnédic - Pôle emploi
on the payment of unemployment
benefits
Three-party agreement
UnédicState
Pôle emploi
unemployment insurance
State
Mutual aid benefits
General Delegation for employmentand professional training
• Establishing qualification guidelines
• Financing mutual aid funds
Unédic(Art. L.5427-1 of the LC)
The unemployment insurance scheme
8
Since its inception, the unemployment insurance scheme
has been Collectively managed by social partners.
On December 31, 1958, representatives from both national and inter-pro-fessional associations of employers and employees (social partners) signedan agreement to establish a social protection scheme for those who haveinvoluntarily lost their job.Since then, the regulations have been updated by a process of continuouscollective bargaining and agreements reached by social partners. The pro-visions for these agreements are subject to a specific legislative frameworkwhich defines social partners’ scope of involvement and determines theimplementation terms of the agreement . Once approved by the government,the conditions within the scheme become binding upon employers andemployees alike. The agreements are negotiated and fixed for set periodsdepending on the financial resources of the scheme, and on anticipatedchanges in unemployment and job market fluctuations. The means of collecting contributions and allocating benefits are alsoappended to the agreement in force. The agreement and regulations alsoinclude measures to facilitate job seekers’ return to work.
In the context of unemployment insurance, the concept of parity is based on equal
representation of employers’ associations and trade unions in the drafting and
interpretation of the regulations, as well as in UNEDIC’s management of the scheme.
Employer’s organizations Trade unions
(CGPME, MEDEF, UPA) (CFDT, CFTC, CFE-CGC, CGT, CGT-FO)
• They negotiate agreements at national and inter-professional levels from which
is defined the unemployment insurance scheme regulation.
[Standard regulations and protocols regarding specific categories of employees,
“accord d’application” for the implementation of the standard regulations and
protocols.
• They jointly manage the UNÉDIC and are represented on Pôle Emploi’s Board of
Directors.
• At the regional level, they ensure the effective implementation of the unemploy-
ment insurance agreement (see page 4) within each Pôle Emploi department and
constitute the regional joint authorities (IPR).
UNEDIC delegates the payment of benefits to Pôle Emploi.
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P A R T 1
The unemployment insurance scheme is designed
for employees who have held a work contract
in most of professional sectors.
Initially applied only in mainland France, the scheme was extended tooverseas departments and the territories of Saint Pierre and Miquelon,St. Barthelemy and St. Martin.Initially, the scheme only covered industries with employer’s associations.It gradually expanded to cover all private sector employees holding awork contract.Unemployed public sector workers are directly compensated by theiremployers “auto insured”, according to the same rules as employees whoare covered by the unemployment insurance scheme. However, somepublic sector employers have the possibility to join the unemploymentinsurance scheme.Depending upon the employer’s status, this adhesion may be revocableor irrevocable.
A time-line of the scheme’s extension to different professional sectors
1959 Industry and trade sector. Members of the CNPF (employer’s association)
1967 All branches of industry and trade sector
(+ voluntary affiliation of public utilities of an industrial and commercial character)
1974 - 1977 Integration of the agricultural sector
1979 - 1980 Extension to domestic employees and child minders
1987 Opening, through revocable voluntary membership only,
to local administrations, administrative public utilities, other than those
of the state, for non statutory personnel
1999 Opening, through revocable voluntary membership only, to universities,
”grandes écoles” and public utilities of a scientific and technological character
The solidarity scheme
10
The solidarity scheme is the result of legislative provisions,
implemented through decrees.
The solidarity scheme is an assistance system which is fully financed by thestate budget. It was set up to take over from the unemployment insurancescheme in cases where the latter does not apply or when it’s involvementhas ceased. It is a subsidiary to the unemployment insurance scheme.
The rules for awarding allowances of the solidarity scheme are written bythe public authorities, but benefits payment is managed by Pôle Emploi.
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P A R T 1
Schemes funding:
• Unemployment insurance scheme: by contributions from
employers and employees,
• Solidarity scheme: by the state budget.
• Unemployment insurance is funded by obligatory contributions deducteddirectly from wages*. Their rates are set by the social partners dependingon the expenses to be covered.
Current contribution rate as of January 1, 2012
(for information purposes only)
Earnings subject to contributions are limited to four times the maximumSocial Security income limit (€12 124 per month for 2012).
• Solidarity scheme funding is provided by the state budget.* As of January 1, 2011, contributions are collected by the URSSAFs (the national collectionagencies for social contributions).
The implementation of both schemes measures is assured by
Pôle Emploi, which has agencies located throughout France.
An agreement between UNEDIC and Pôle Emploi signed on December 19,2008 specifies the conditions under which Pôle Emploi manages, onbehalf of the UNEDIC, the allocation of unemployment insurance benefits.The management of solidarity benefits has been entrusted to the sameinstitution : Pôle Emploi. Therefore, each unemployed person only dealswith one agency : Pôle Emploi.
Total contribution 6,40 %
• by the employer 4 %
• by the employee 2,40 %
Benefits available to jobseekers
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Objective: facilitate the return to work
Assistance and replacement income
In addition to measures facilitating the reconversion, jobseekers can, undercertain conditions, benefit from allowances to replace their salary. To have unemployment benefits, jobseekers must prove that they are takingongoing initiatives to find a job, and agree to counseling, support or trainingoffered by Pôle Emploi, and any reasonable job offer presented as part ofa personalized job access project (Projet personnalisé d’accès à l’emploiou PPAE).
PPAE
Once a jobseeker has registered, and after an in depth interview betweenthe jobseeker and Pôle Emploi, a PPAE is developed. It determines:• The types of job that correspond to the jobseeker’s qualifications andskills, to standard wage of the profession and to the geographic area ofthe search ; • The types of job the job seeker would like to consider for reconversion ;• The training necessary for job outlined by the project, with priority givento training programs provided as part of a work contract.Throughout the unemployment period, Pôle Emploi monitors and updatesthe progress of the PPAE. Additional assistance may be provided to facilitatethe return to work.
13
BENEFITS FOLLOWING LAYOFFS DUE TO ECONOMIC REASON
As of September 1, 2011, companies with less than 1,000 employees, or in recovery
proceedings or judicial liquidation regardless of their number of employees, must
offer a CSP contract to each employee they intend to lay off for economic reason.
A CSP contract allows an employee to benefit from extensive and personalized
support, and also to receive immediate compensation. The benefit represents 80 %
of the former gross salary, as long as the employee can give proof of at least one
year seniority in the company (by default, the compensation is equivalent to return-
to-work benefits). CSP contracts are for 12 months.
P A R T 2
Measures to facilitate return
to work
14
To facilitate the return to work for unemployed workers who
receive benefits, unemployment insurance agreement provides
certain qualifying conditions for additional benefits including :
• Differential reconversion compensation for certain who
accept a lower-paying job than their previous position,
• Assistance to buy a business or to start a new business
(see page 25),
• Return to work incentives based on combining employment
earnings with unemployment insurance benefits (see page 25).
Additional measures are determined by the Board
of Directors of Pôle Emploi, whose budget includes special
provisions for the financing of such initiatives.
Part of UNÉDIC’s contribution to the funding of Pôle Emploi
is especially reserved for investment and operations
in this area (see page 7).
Pôle Emploi assistances
Except for services targeted to specific types of jobseekers, the assistanceprovided by Pôle Emploi is intended for all jobseekers, regardless of whetheror not they qualify for unemployment insurance.
• Assistance services are aimed at facilitating skill development through :- providing training before recruitment,- POE (“operational preparation”) training for specific job,- approved training courses,- assistance for individual training,- compensation for training course completion (R2F), - assistance to cover costs associated with training (meals, accommodation,transport),- assistance to have work experience recognized,- assistance for employers as part of a professionalization contract ;
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P A R T 2
• Assistance to remove barriers to finding a job : - support for returning to work (travel expenses, dual residence, or movingcosts when a new job is far away from the person’s home), - financing assistance for obtaining a driver's license - job search assistance* (travel expenses, transportation costs), - childcare assistance* (for single parents returning to work or training).
* These benefits are reserved for those with limited means and those who do not qualifyfor unemployment compensation.
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Wage replacement income
• Intended to support jobseekers’ reconversion efforts.
• Complemented by individual coaching as part of the PPAE.
Salary replacement income is comprised of different benefits dependingon the jobseeker is registered under : • The unemployment insurance scheme,• The solidarity scheme.Pôle Emploi is responsible for the payment of allowances for both schemes.It also communicates essential data to other organizations (for example,to retirement funds, the national health care system, etc.).
Benefits paid by Pôle emploi
For the unemployment insurance scheme managed by the UNÉDIC :
• Allocation de retour à l’emploi , (ARE) : unemployment benefit
• Specific reconversion allowances (ASR) as part of the PPAE (see page 13).
For the solidarity scheme :
• Allocation temporaire d’attente (ATA)
• Allocation de solidarité spécifique (ASS)
• Allocation transitoire de solidarité (ATS)
The AS-FNE agreement, a measure for early-retirement redundancy, was withdrawn
by Finance law No. 2011-1977 of Dec. 28, 2011 (Art. 152). FNE agreements signed before
October 2011 will remain in effect for the remainder of their term.
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P A R T 2
Unemployment insurance
compensation
Conditions
7 qualifying conditions
1 To have already worked for at least 4 monthsYou must have worked for at least four months in the last 28 months (overthe previous 36 months for those 50 years old and over). If this condition is not met, professional training can be considered maycount as employment, within certain limits.
2 Not to have voluntarily left the last employment, or the previous one if you have not worked 91 days since your resignation(see page 19 for exceptions) Situations of involuntary employment termination that qualify for unem-ployment benefits include: the end of a CDD (fixed-term job contract),dismissal regardless of the cause, and the conventional breach of a permanentjob contract. In addition, if you have resigned from a position and havenot found new employment within 4 months after this resignation, you canrequest your situation to be reviewed by the regional joint commission(see page 4). The regional joint commission may allow benefits based onreconversion efforts made by the individual. Benefits may start from 5 thmonth after the resignation.
3 To be physically capable of workingIn case of illness, the unemployment benefit is not paid. The person mayreceive a daily allowance from the social security.
4 To be registered as a jobseeker or to be in training Registration as a job seeker is made at Pôle Emploi. Every month, job seekersmust update their situation.
Unemployment insurance
compensation
Conditions continuation
18
5 Ongoing and effective job search efforts This obligation is formalised in the PPAE. As of 2012, all jobseekers aresubject to this obligation (with the exception of those who were grantedexemptions job searching before 2012).
6 To be under the legal age of retirement (60-62 years)*Nevertheless, the unemployed who have not yet worked the number of“quarter” (under all social security scheme) required to qualify for full reti-rement benefits (see page 31) are eligible for unemployment benefits forprescribed periods of time until they obtain the required amount of quar-ters. In every case it is not possible to go beyond the age of entitlementfor full retirement allowances (65 to 67 years).
* As of July 1, 2011, pension reform Law No. 2010-1330 of November 9, 2010 and decreeNo. 2011-2034 the legal age of eligibility for retirement benefits has been revised and fullpension allowances will be progressively delayed.
7 Residence in France or its territories
Date of birth Legal age of retirement
Full retirement benefits
60 years 65 years1950
60 years 65 yearsAfter 01/01/1951
60 years, 4 months 65 years, 4 monthsAfter 01/07/1951
60 years, 9 months 65 years, 9 months1952
61 years, 2 months 66 years, 2 months1953
61 years, 7 months 66 years, 7 months1954
62 years 67 years1955
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LEGITIMATE RESIGNATION CASES
order to follow his parents or legal guardian
• Resignation of an employee who interrupts his work contract to follow a spouse
who is moving for professional reasons.
• Resignation of an employee who interrupts his work contract in the event of
marriage or PACS involving a change of residence,if the period between resigning
and getting married (or PACS) is not more than 2 months.
• Breach at the employee’s initiative of a ”contrat d’insertion par l’activité” or
“contrat emploi jeune” to take a new job or to follow a training course.
• Breach at the employee’s initiative of a subsidised employment contract* to take
a fixed-term position (CDD) of at least 6 months, a permanent position (CDI), or to
follow a training course.
• Resignation from a paid position that does not qualify the beneficiary for unem-
ployment benefits, where the beneficiary requests payment of the remainder of
non-exhausted compensation.
• Resignation as a result of non-payment of wages for time worked.
• Resignation following criminal acts. Proof of complaint being lodged with the
“Procureur de la République” is required.
• Resignation due to a change in residence as a consequence of domestic violence.
Proof of complaint being lodged with the “Procureur de la République” is required.
• Resignation of an employee who, following a lay-off or the end of a fixed-term
employment contract, accepts a employment contract that he voluntarily interrupts
during or after a trial period, within a limit of 91 days.
• Resignation of an employee with 3 years of continuous affiliation with Pôle Emploi,
and who voluntarily leaves his job to take another permanent position which the
employer terminates during or after the trial period within a limit of 91 days.
• The termination of an “indivisible” employment contract specifically for a married
couple when it includes an automatic termination clause if the employee leaves the
position due to the dismissal or retirement of his or her spouse.
• Resignation of an employee who wishes to apply the safeguard clause provided
for journalists under the condition that compensation benefits were in fact paid.
• Resignation of an employee who interrupts his work contract to take a civilian
service contract or to do volunteer work towards international solidarity efforts,
or for a non-profit organization for a minimum of one year.
• Resignation of an employee in order to buy a business or to start a new business
whose activity ceases for reasons beyond the control of the entrepreneur.
* Contrat unique d’insertion (CUI) , CUI-CAE (contrat d’accompagnement par l’emploi), CUI-CIE
(contrat initiative emploi) .
P A R T 2
Unemployment insurance benefits
20
The amount of benefits payable to a person is related
to his previous earnings.
The benefit amount
The amount of benefits is calculated, using information provided by theemployer, on the basis of previous earnings subject to unemploymentinsurance contributions.Compensation for loss of employment such as redundancy payment orCompensation for outstanding days of pay holiday, is not taken into account.Above a certain amount of benefits, social contributions are deducted.
UNEMPLOYMENT BENEFITS AS OF JULY 1, 2012*
The amount of benefits may be reduced depending on the beneficiary’stotal hours worked (such as part-time) and on their particular situation.
* subject to unemployment insurance contributions. ** the benefit is daily and paid for every day of the month. It is multiplied by the numberof days in the month (30 or 31, 28 or 29 in February). *** For beneficiaries in Alsace Moselle who receive allocations greater than the minimum wage(SMIC), an additional 1.5% is withheld, in addition to the amounts indicated in the table above.**** Maximum unemployment insurance contribution limit.
Monthlygross*
Under€ 1,128
Between€ 1,128 -€ 1,235
Between€ 1,235 -€ 2,042
Between€ 2,042 -
€ 12,124****
Daily wance**
75 % of gross salary
Minimum benefit € 28,21 per day
40.4 % of gross per day + € 11,57
per day (fixed)
57.4 % of gross per day
Participation ((additional retirement)
-
-
3 % of previoussalary
3 % of previous salary
Deductions***
-
-
-
If allocation amountis > daily minimum wage
(€ 47 as of 1/1/2012)• 6.2 % of allocation
x 0.9825 (CSG)• 0.5 % of allocationx 0.9825 (CRDS)
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REDUCED BENEFITS
Part-time work
• For employees with part-time jobs, the fixed or minimum benefits amount is reduced.
Example: A person who worked part-time may receive, depending on the situation,
half of the total of the fixed amount or of the minimum benefits amount.
Jobseekers who receive an invalidity pension or an old age pension
• Jobseekers who receive certain types of invalidity pension (category 2 or 3) can
combine this amount with their return to work benefits under certain conditions
stipulated by the Social Security Code if the pension has been combined with previous
earnings.
• People between 50 and 55 years old who receive an old age pension are subject to
a reduction of 25 % of their unemployment benefits. For those between 55 and 60,
the reduction is 50%, and for those over 60, it is reduced by 75 %.
SPECIAL PROVISIONS IN THE APPENDICES TO THE GENERALPROVISIONS
To take into account the particularities of certain professions, a series of specific
provisions are annexed to the “réglement general”. They concern the following
categories of employees:
Appendix 1 : Sales representatives, journalists, civil aviation personnel, childcare
workers and home care providers, lumberjacks and pieceworkers, agents working
on commission
Appendix 2 : Maritime trade workers, fishermen
Appendix 3 : Dock workers
Appendix 4 : Contract and temporary workers, temp agency employees
Appendix 5 : Those who work at home
Appendix 6 : Employees of a company with no operations site in France
Appendix 7 : Disabled employees with special, protected workshop jobs
Appendix 8 : Workers and technicians for: recording studios and sound editing, film
and television production, radio, broadcast media and entertainment
Appendix 9 : Employees working outside of France or for international organizations,
embassies or consulates
Appendix 10 : Performance artists and theatre workers
Appendix 11 : Those who have worked under a fixed-term contract (CDD) and who
have obtained financial assistance for expenses associated with an individual training
program
Appendix 12 : Rates used to calculate allocations for certain professions
P A R T 2
Unemployment insurance benefit
Duration of benefits
22
Unemployment insurance benefits is paid monthly up
to a maximum number of months determined by age
and duration of time worked.
Unemployment benefits are paid on a monthly basis on condition that thejobseeker updates his status. To be eligible for benefits, jobseekers must have already work for at least4 months (122 days or 610 working hours) over the previous 28 months(for jobseekers under 50), or 36 months (for jobseekers aged 50 and over).Only periods of time worked that have not already been used for unem-ployment insurance eligibility may be taken into account. The duration ofbenefits depends on the duration the jobseeker has been affiliated :1 day of affiliation = 1 day of benefitAt the end of a job contract, the maximum limit of insurance benefits is24 months (730 days) for those under 50 of age, and 36 months (1,095 days)for those aged 50 and over.Under certain conditions, benefits may be paid until retirement withoutapplication of the maximum duration to those aged 61 and over who are noteligible for retirement benefits. Benefits are never paid immediately, exceptin the case of resumption of payments already approved (see opposite).
Benefits until retirement
Those who have received benefits for 365 days minimum and who are aged 61 or
over can be compensated beyond the statutory periods if they have not worked
the minimum number quarters required to qualify for retirement benefits until
the number of quarters needed is reached. Full retirement eligibility is granted
between 65 and 67 on condition that proof is provided of having made retirement
contributions for 100 quarters (25 years), including 12 years as a salaried employee.
23
THE STARTING POINT FOR PAYMENT OF BENEFITS
In all cases, that “7 days non-entitlement” period applies from the date of registry
as a job seeker*.
In addition, if the person concerned has received:
• Compensation for outstanding days of pay holiday, a delay period corresponding
to the number of days covered by this compensation is calculated;
• one or more severance indemnities, of which the amount is above the legal
compensation (meaning the minimum compensation amounts set by French law),
Pôle Emploi calculates a “specific” delay period taking account of the supralegal
indemnity.
The specific delay is limited to 75 days.
*except when a previous claim has already led to this delay within the last 12 months.
Example
• Work contract ending on March 31
• Compensation for outstanding days of paid holiday : € 646
• Severance indemnity above the legal minimum: € 1 372
• Daily salary: €38 corresponding to a salary of € 1 140 per month
“Paid holiday” delay period........................................................................................................................17 days
(Pôle Emploi calculates the “paid holiday” delay period as follows : 646/38)
”Specific” delay period (1 372/38)..................................................................... ....................................36 days
Total...........................................................................................................................................................................53 days
The jobseeker will receive benefits from 31st
of May - 7 days after the end of the
53 days period if his registration is in before the 24th
of May .
P A R T 2
Unemployment insurance benefits
Interruption of benefit payments
24
Benefits payments interruption cases are specified by law.
A return to work does not automatically suspend benefits
payment.
The payment of insurance benefits will be stopped on the day that theclaimant : • Is no longer registered as a jobseeker, unless he is granted an exemptionfrom job searching ;• Is in receipt of, or is entitled to receive benefits from the Social Securityfor sickness, accident at work, or work related illness ;• Is disqualified from receiving unemployment benefits by administrativedecision or following his exclusion by Pôle Emploi, in particular due torefusal of a job offer without a legitimate reason ;• Has exhausted his rights, in which case solidarity benefits may be granted(see solidarity benefits) ;• Has obtained the total number of quarters of contributions required toreceive full retirement benefits (see page 31) ;• Has reached the age of entitlement to a full retirement benefits (65 to 67) ;• Benefits from “free choice of activity” provisions for the care of a childunder three years old ;• Is no longer living in France or in its territories ;• Has provided inaccurate information or made false statements in orderto receive benefits ;• Has completed a civilian service contract.
Return to work
• Maintaining partial unemployment benefits along with one’s wages is possible.
However, this is usually limited to 15 months, except for those aged 50 and over ;
• Differential assistance for reconversion may be paid to a jobseeker who accepts
a lower-paying position (see opposite).
25
POSSIBLE BENEFIT ENTITLEMENT WHILE ENGAGED
IN REDUCED EMPLOYMENT
Partial accumulation of unemployment benefits and wages
There is a possibility of benefit entitlement while working in reduced activity.
However, it’s limited to 15 months, except for people aged 50 years or over.
The following conditions apply :
• No more than 110 hours worked per month,
• To still be registered as a jobseeker,
• Not to have a salary exceeding 70 % of the previous one. In such a case, a
number of non entitlement days will be determined on the basis of the gross
earnings of the new employment :
Days of non entitlement to benefit = gross earnings of the new job
daily earnings reference level
For employees aged 50 years or older, the number of days of non entitlement to
benefit is reduced by 20 %.
Daily benefits are paid for the number of days corresponding to the number of
calendar days of the month from which days of non entitlement benefit are
deducted.
Aide différentielle de reclassement
The “aide différentielle de reclassement” may be paid to the beneficiary if he accepts
a job whose pay, for a same number of hours worked, is at least 15 % less that of
his or her previous position. Beneficiaries under age 50 must be registered with Pôle
emploi for at least 12 months. Those aged 50 years and over can benefit regardless
of the duration registration.
These two situations cannot be combined.
Assistance for those buying or starting a new business
This corresponds to the remainder of 45 % of the compensation due, and is paid in
two times as a capital.
This capital is paid only if the person does not request to continue to
receive partial payment of benefits.
EMPLOYEES WITH SEVERAL JOBS HAVING LOST ONE OF THEM
When a beneficiary keeps a reduced employment or an occasional work at the same
job held before the loss of his full-time position, the payment of unemployment
insurance allows him to be fully compensated for 15 months maximum (limit not
applicable to persons aged 50 and over) along with the income earned from the
retained activity, provided that it corresponds to less than 110 hours worked each
month, and totals less than 70 % of the previous income from the lost job combined
with the part-time or occasional work.
P A R T 2
Solidarity benefits
26
Solidarity benefits is a fixed amount allocated
according to the jobseeker’s resources.
L’allocation de solidarité spécifique (ASS)
ASS is for people who have exhausted their rights to unemployment insurancebenefits, or to for people aged 50 years or older who have the possibilityto choose between unemployment insurance benefits and solidarity benefits.This form of aid may also be paid, under certain conditions, to certaincategories of workers not covered by unemployment insurance agreements :self-employed artists, certain fishermen and casual dockers.
Allocation temporaire d’attente (ATA)
ATA is for persons who find themselves in a situation where they are notentitled to unemployment insurance benefits, either because they have notworked at all, or not enough, or have not contributed.
Allocation transitoire de solidarité (ATS)
ATS is designed for jobseekers born between July 1, 1951 and Dec. 31, 1953who can provide proof of having worked enough quarters to qualify forfull retirement benefits, but who have not yet reached the legal retirementage (see page 18). ATS may be paid to those who have exhausted theirrights to unemployment insurance, or to complete unemployment benefitsin order to ensure a minimum level of income.
Various measures encourage those who receive solidarity benefits to return to
work : combining benefits with earned income, and monthly bonuses (see opposite).
27
RETURNING TO WORK IN THE SOLIDARITY SCHEME
The solidarity benefit scheme provides incentives to return to work. These incentives
depend on whether the paid work is more or less than 78 hours per month.
Return to work with over 78 hours worked or non salaried activity
ASS beneficiaries who work 78 hours or more per month, and those who have a non
salaried activity may be eligible to receive supplemental of income for up to 12 months
under certain conditions (by combining benefits and income for the first 3 months,
and then for the remaining 9 months by receiving partial ASS, minus income from
paid work, plus a monthly bonus of € 150).
Return to work with less than 78 hours per month
ASS beneficiaries who work less than 78 hours per month, and those who receive
ATA (regardless of the number of hours worked) can also receive additional income
for 12 months. This supplement is calculated based on the wages of the new job :
• During the first 6 months of the new position, no reduction is made if the gross
income earned is less than half the minimum wage (the SMIC as of Jan. 1, 2012,
approximately € 779). Beyond this limit, the compensation is reduced by 40 % of the
amount exceeding half the minimum wage.
• During the next 6 months, the amount of the compensation is reduced by 40 % of
all of the income earned from the new job.
P A R T 2
L’allocation de solidarité spécifique
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ASS is paid for a renewable period of 6 months, as long as
financial resources and active job search conditions are met.
It concerns the long term unemployed who have exhausted
their rights to unemployment insurance benefits.
The unemployed aged 50 years or more can choose between
receiving unemployment insurance benefits
or solidarity benefits.
Qualifying conditions
• Total income is limited to : € 1094,10 for a single person, and € 1719,30for a couple (as of January 1, 2012).• To prove five years of employment within 10 years before the contract ofemployment ended. Work includes periods of training or national service,(for those who stopped working for at least one year to care for a child orchildren, this period can be reduced under certain conditions).
Amount
The lump sum varies depending on financial resources.For a single person as of Jan. 1, 2012
For a couple as of Jan. 1, 2012
Monthly income
from 0 to € 625.20
from € 625.20 to € 1094.10
€ 1094.10 and above
Monthly benefit
€ 468.90
Monthly benefit equal to € 1094,10. minus earning
No benefit
Monthly income
from 0 to € 1250.40
from € 1250.40 to € 1719.30
€ 1719.30 and above
Monthly benefit
€ 468.90
Monthly benefit equal to € 1,719.30 less income
No benefit
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P A R T 2
L’allocation temporaire d’attente
ATA is paid for a varying length of time according
to the beneficiary’s situation and concerns :
• Expatriated employees back to France who have not
contributed to unemployment insurance and who can prove
182 days worked in a foreign country,
• Ex-offenders released after two months or more
of imprisonment
• Those seeking asylum 18 years of age and older, who have
requested political asylum from the Office Français
pour la Protection des Réfugiés et Apatrides (OFPRA)
• Those receiving temporary protection and holders
of a temporary residence permit,
• Those receiving subsidiary protection and holders
of a temporary residence permit,
• Foreign victims of human being trade who hold a temporary
residence permit and a certificate of protection
by the French State.
Qualifying conditions
Those eligible for ATA must not earn income that exceeds the amount of the“Revenu de Solidarité Active” (RSA).
Maximum amount of the RSA since January 1, 2012
Allowance amount
The amount set at € 330,30 per month (Indicative amount).
Number of children
0
1
2
Single person
€ 474.93
€ 617.40
€ 759.87
couple
€ 712.40
€ 854.88
€ 997.36
Each additional child more € 189.97 more € 189.97
L’allocation transitoire
de solidarité (ATS)
30
ATS is designed for jobseekers born between July 1, 1951 and
Dec. 31, 1953 who can provide proof of having worked enough
quarters to qualify for full retirement benefits, but who have
not yet reached the legal retirement age (see page 18). Those
in this category must also meet certain revenue requirements.
ATS may be paid to those who have exhausted their rights to
unemployment insurance (replacement ATS), or to complement
unemployment benefits when the beneficiary’s income is less
than the amount of ATS benefits (supplemental ATS).
The ATS substitutes for retirement equivalent allocations (AER)
from July 1, 2011 to Dec. 31, 2014.
Conditions to benefit
Amount
As of January 1, 2012, the maximum daily ATS allowance is € 33.74. Themonthly amount corresponds to the number of days in the month x thedaily benefit amount. ATS benefit are paid until the person reaches thelegal age of retirement. The ATS amount is revised every year by decree.
P A R T 2
Replacement ATS Supplemental ATS
At least 60 years old, with proof of havingworked enough quarters to qualify for full
retirement benefits as of the date when unemployment insurance benefits run out
Be at least 60 years old with proof of having worked enough quarters to qualify
for full retirement benefits
Not yet reached the legal retirement age (see page 18)
Not yet reached the legal retirement age (see page 18)
Proof of income below a certain limit (€ 1 619,52 for a single person,
€ 2 328,06 for a couple)
Proof of income below a certain limit (€ 1 012,20 for a single person,
€ 2 328,06 for a couple)
Receiving unemployment benefits as of Nov. 10, 2010
Receiving unemployment benefits as of Nov.10, 2010, with rights ending after 60 years old
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P A R T 3
Social Protection
Coverage of risks of illness, maternity and death.
Health insurance
(covering illness, maternity and death)
A person with social protection prior to unemployment will continue tobenefit from health insurance (refund or daily benefits) as long as he/sheentitled to unemployment benefits.Social protection may then be extended for 1 year.
Concerning the universal health coverage scheme, any person residing in France in a
stable and regular manner who is not entitled to any other type of health insurance
covering illness and maternity may at least benefit from a reimbursement of
his/her medical, pharmaceutical or hospital expenses in accordance with the social
security rates in force.
Periods of entitlement to unemployed benefit counted
for pension contribution purposes.
Basic system
For people who have previously contributed:• Each period of 50 days of unemployment benefits is credited as a quarter(3 months) of retirement insurance, within a limit of 4 quarters per year ; • If the person no longer receives benefits, or does not receive benefit atall, periods of unemployment may, under certain conditions, be creditedup to a limit of 1 year, or 5 years for those aged 55 years and over, andwho have contributed for 20 years.
Additional retirement benefits
To supplement the basic system, additional retirement “points” are grantedto jobseekers who receive benefits and who have contributed to additionalretirement savings plans. Depending on the type of plan, it may be fundedby the Unédic, the state, the jobseeker him or herself, or the retirementplan itself.
To receive full retirement benefits at the basic rate, retirement insurance contributions
must have been made for a minimum number of quarters. (Law No. 2010-1330 of 11/09/2010)This number varies depending on the date of birth :
born before 1949 160 quarters
born in 1949 161 quarters
born in 1950 162 quarters
born in 1951 163 quarters
born in 1952 164 quarters
born in 1953 and 1954 165 quarters
born in 1955 166 quarters
P A R T 3
Social Protection
32
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• Working outside France in a European Economic Area country
or Switzerland can qualify for unemployment insurance
benefits when the person returns to France and registers
as a jobseeker.
• For a work in another foreign country, the regulation also
provide opportunities to receive unemployment insurance
benefits.
The European Economic Area (EEA) and Switzerland
Periods of employment in the countries within the EEA countries orSwitzerland can qualify people who have returned to France and registeredas jobseekers for unemployment insurance benefits, provided that theirmost recent employment took place in France where they have workedagain (except for cross-border workers).Countries covered by EC accords include : Austria, Belgium, Denmark,Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein,Luxembourg, the Netherlands, Norway, Portugal, Spain, Sweden,Switzerland and the United Kingdom. Since May 1, 2004, this list also includes: Cyprus, the Czech Republic, Estonia,Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia, and asof January 1, 2007 : Bulgaria and Romania. During a transitional perioduntil January 1, 2014, citizens of the latter two countries must have a workpermit in order to benefit from EU accords.
Other countries
Appendix 9 to the unemployment insurance guidelines stipulates : • Mandatory unemployment insurance affiliation for expatriated employeesof EEA countries or Switzerland working under a contract signed in France. In case of return to France, unemployment insurance coverage is the sameas for employees working in France ;
If no compensation based on the prior salary is possible, ATA temporary aid may be
paid if proof is provided of 182 days of employment (see page 27).
• In other cases, there is the possibility of optional affiliation with theexpatriated employee’s unemployment insurance either by the employer,or by the employee himself. To be eligible, individuals must provide proofof at least 18 months of paid employment in the 24 months preceding theend of the contract.
A P P E N D I X
Working outside France
F A C T S & F I G U R E S
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NUMBER OF JOBSEEKERS RECEIVING BENEFITS
Receiving unemployment benefits in June 2011 2,309,400
NUMBER OF AFFILIATED INSTITUTIONS
For unemployment insurance 1,586,185 at the end of 2010
BENEFITS PAID AND BUDGET OF THE RAC IN 2009
Benefits paid in millions of euros
Unemployment insurance system (ARE, AREF, CRP, ACA) 28,657
Unemployment insurance, State (CTP)) 92
ASS, ATA, AER, AFD, APS 2,635
State Early retirement (dismissal and progressive) 215
AFDEF, AFF, AFFS 241
Unemployment insurance system budget in millions of euros
Receipts = 31,302 including 30,319 contributions
195 various agreements
453 in CRP contributions
Expenses = 34,158 including 25,870 (ARE, AUD, ACA, AREF, CRP) for benefits
1,902 for validation of retirement points
3,071 for management fees
1,072 for benefits
185 for financial obligations
- 796 for included refunds
INSURANCE ALLOCATIONS
Daily amount as of July 1, 2012
Minimum benefit € 28.21
Fixed part € 11.57
EARLY RETIREMENT AND MUTUAL AID BENEFITS
Daily amount of mutual aid benefits as of Jan. 1, 2012
ATA / temporary aid € 11.01
ASS / specific solidarity benefits € 15.63
AER / retirement equivalent benefits € 33.74
SOCIAL PARTNERSHIP SUPPORTING EMPLOYMENT
Unemployment insurance account administration
Definition of payment rules
Decision-making support for social partners
Evaluation of return-to-work schemes
UNÉDICFOR THE MOST EFFECTIVE
UNEMPLOYMENT INSURANCE
Direction des Affaires Juridiques4 rue Traversière • 75012 Paris
www.unedic.org
Not
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DAJ 2
66 -
09/2
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N° 2011/40221
