Employees who resign can now touch unemployment. But many conditions must be met to benefit from it. The national mediator of Pôle emploi speaks of a “missed appointment” with this new right which is difficult to exercise. Testimonials.
A new law that is already raising a lot of questions. Since November 2019, resigners can receive unemployment benefits … under certain (strict) conditions. To be compensated, you must first have worked continuously for the 5 years preceding the resignation. In addition, and this is far from being negligible, a retraining project is compulsory. The latter must require either training, or a business creation or takeover project. And to validate this professional project, things get more complicated.
The employee must consult with a professional consulting operator, before then passing before a regional inter-professional joint committee (CPIR). If the file is refused by the latter, it must justify its rejection. Once all these steps have been completed, you must register as a jobseeker within 6 months of project validation. Pôle emploi then takes care of verifying that all the steps have been taken by the person who resigned to receive unemployment benefits.
A real obstacle course that the national mediator of Pôle Emploi, Jean-Louis Walter, highlights in his 2019 report. In fact, of the thousands of referrals it received last year, 135 relate to the subject of resignations. These complaints “illustrate how employees are often called upon to resign quickly, because of their working conditions or to seize an opportunity for professional development that is not waiting,” said the mediator.
A system that “neglects the real life” of employees
Problem, these latter cases are “ignored” by the device put in place for resigners, “which focuses on a” professional project “, somewhat neglecting the real life of those for whom it is intended,” he adds. The condition of 5 years of salaried activity without any interruption thus seems “difficult to fulfill”, according to Jean-Louis Walter, who wonders about the device: “what will be the perception of the public, informed of the new right to resign, when ‘will he discover the difficulty in exercising it? ”
The proof with this person who wanted to benefit from compensation in the context of “resignation retraining”. A request rejected because it does not precisely meet “the condition of membership of 5 years of continuous paid employment”. And this, when she found herself without activity for only 2 months … over 19 years of professional life. “Beyond my personal case, it is almost impossible to benefit from this measure under these conditions […] The slightest irregularity, the slightest break between two employment contracts, the slightest “life accident” in the last 5 years not being visibly accepted, “she testified in a letter addressed to the national mediator of Pôle Emploi.
Pôle emploi national mediator’s report 2019
For Jean-Louis Walter, one can only “regret this missed meeting”. It remains to be seen whether this “resignation reconversion” system will be reviewed in the future to become more accessible. “Reflections may be launched to know if it was properly calibrated,” imagines Jean Basseres, the director general of Pôle Emploi, guest this Friday, March 6 of the Association of Journalists of Social Information (Ajis). While waiting for these potential reflections, “it is before the resignation that all the support work must be done,” he believes. This is to avoid disappointment for people who resign in the hope of automatically receiving unemployment benefits.