Are you considering quitting? If you initiate the termination of the contract, you cannot, in principle, receive unemployment benefit. Exceptions are however allowed by the regulations, and certain resignations allow compensation by Pôle emploi, in very specific circumstances and conditions. We take stock.
Since 2008, the number of employees leaving their jobs has never been so high. 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 a permanent contract, the latest figures released by the Dares (Direction of the animation of research, studies and statistics) in any case report a new record. It remains to be seen in which particular cases it is possible for you to receive unemployment benefits after a resignation.
Exceptions that prove the rule
In principle, when you resign, you cannot benefit from any unemployment benefits. It is nevertheless possible to be compensated by Pôle emploi in certain cases. The law regulates four situations authorizing you to receive compensation:
1. If the resignation is considered legitimate: this situation includes resignation for family reasons, i.e. if you get married, change your place of residence, you are a minor and follow your parents, or if you have to accompany your disabled child or if you are the victim of domestic violence, requiring a change of residence, recalls RTL.
2. If the resignation occurs for professional reasons: in the event that you resign before 65 days worked and that you come out of a dismissal, conventional termination or end of CDD, after three years of continuous affiliation, if you resign following a criminal act, so you are a victim in the context of work, or if you enter into a civic service or voluntary service contract for at least one year. All possible cases are to be found directly on the Pôle Emploi website.
What if I end my trial period?
Termination of the trial 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 under one of the situations mentioned above.
3. If the resignation occurs within the framework of a professional retraining: if you have resigned but carry a “real and serious” professional retraining project, you can have access to unemployment benefit. However, there are two conditions. First, you need to make sure that you meet all the conditions inherent in this “real and serious” conversion project. You can find the many conditions on 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 benefits, in three separate cases:
- You have worked less than 65 days and less than 455 hours since your entitlement to unemployment insurance
- The employment contract from which you resigned lasted less than 8 calendar days (every day counts, weekends and public holidays included)
- The employment contract from which you resigned represents less than 17 hours per week.
5. The last situation in which you can receive unemployment benefit following a resignation is if your case does not correspond to any of those mentioned above. In this case, you must request a review of your situation from the regional joint body (IPR). This body of Pôle emploi is made up of equal numbers (trade union and employer representatives). More information on pole-emploi.fr
- To do this, you will have to wait 4 months (i.e. 121 days) without replacement income.
- You will have to present to the IPR the efforts made to find a job during these 4 months.
- The IPR may decide whether or not to grant you an allowance from the 122nd day.
- In the event of a positive response, the allowance is allocated from the 5th month following the resignation, under the same conditions as a normal entitlement.