Under the terms of Article L. 5312-1 of the Labor Code, Pôle emploi prospects the labor market, guides and supports job seekers and registers on the list of job seekers, keeps the latter day, ensures the control of the job search and the service of unemployment insurance benefits. The benefit of the status of jobseeker and, beyond that, unemployment benefit are conditional on a certain number of criteria. To be eligible for the return-to-work allowance (ARE), employees involuntarily deprived of employment must in fact fulfill activity conditions (periods of affiliation) as well as conditions of age, physical fitness, unemployment, registration as a jobseeker and finally effective and permanent job search.
In carrying out its public service mission, Pôle emploi is therefore responsible for the implementation of these criteria: the job seeker can thus be struck off (C. trav., Art. L. 5412-1 f.; C . trav., art. R. 311-3-5 anc.) and the allocation of replacement income may be suspended or even definitively abolished (Labor C., art. L. 5426-2, R. 5426-3 and R. 351-28 anc.). This is particularly the case when the beneficiary has committed fraud in order to be or to remain on the list of job seekers. In this hypothesis, one can wonder about the latitude available to Pôle emploi to repress false declarations made by people deprived of employment? In what framework and on what basis can the suspension of the payment of allowances occur? In this regard, an answer has been given to us by a judgment of March 17, 2021.
In this case, after several years of care (between June 2002 and January 2007), ASSEDIC – to which the rights of which succeeded Pôle emploi Nouvelle-Aquitaine – had interrupted the payment of the allowance to a person who was declared deprived of employment and whose quality she contested …
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