resignation and right to unemployment insurance, exceptional measures

The economic impact of the second confinement is felt on employment. In these troubled times, many French people encounter difficulties. However, exceptional measures could bring a smile to resigning employees whose professional mobility has not been possible. Indeed, these measures qualify for unemployment insurance.

What are the conditions for benefiting from unemployment insurance?

These exceptional measures concerning resignations are applicable according to specific criteria and are limited in time.

Eligibility criteria

To qualify for unemployment benefit after resigning, your situation must meet the following criteria:

• You gave your resignation between the 1^is June and October 29, 2020 included.
• The resumed job was subject to a minimum 3-month contract.
• The promise to hire has not been finalized, or the contract has been terminated by your employer during the first 3 months.

Note that a 3-month contract corresponds to 455 hours of work.

Know that these exceptional measures taken by the government because of the lockdown are not restricted to CDI : the CDD and the interim assignments may also give rise to the right to compensation.

Deadline

These measures, taken following the second confinement, aim to respond to the difficulties encountered by resigning employees in their professional mobility process. To benefit from it, you must have deposited your application for unemployment benefit before 1^is February 2021.

Possible scenarios

Different cases are taken into account by these exceptional measures. If applicable, your request for benefits must be made to Pôle Emploi.

The new contract could not start

You voluntarily left your job for another, which ultimately failed to materialize. Your request to Pôle Emploi will be considered legitimate if the resignation date and the duration of the new contract meet the above criteria. The new hire will not be required to be effective: this means that you will be able to receive assistance even if you have never actually started working in your new position.

The new contract has been broken

You have voluntarily left your job for another, which your new employer terminated prematurely. If the breach of contract at the initiative of your new employer occurs before the 65 working day period has elapsed, you can claim unemployment benefits in an exceptional way.

In order for your resignation to be deemed legitimate, make sure that the resignation date and the duration of the contract resumed meet the criteria above.

The new contract is not a CDI

You voluntarily left your job for a fixed-term contract or an unsuccessful interim assignment. On condition that this new position represents a minimum period of 3 months, you will be able to benefit from exceptional assistance from Pôle Emploi.

What supporting documents are needed to obtain unemployment insurance after resignation?

In order to prove that the hiring had to take place, even if it was not successful, you will have to present either:

• your employment contract, if you have received it;
• the promise to hire your future employer;
• failing this, a certificate from your future employer with logo, stamp and / or signature, certifying the postponement or cancellation of the hiring.

If you present a promise to hire, make sure it is clear, detailed, and approved by both parties. It must include:

• the title or description of the position;
• the duration of the contract ;
• the date of entry into office;
• work place ;
• compensation.

Date of resignation

The resignation date does not correspond to the end of the contract, otherwise the contract termination date. The termination of the employment contract occurs when you inform your employer of your resignation in a “clear and unequivocal” manner, in the form of a resignation sent by post or hand delivery.

For example, if you resigned in September and the notice expires in December, the chosen resignation date will be September. As part of the measures mentioned, your resignation must have been submitted by October 29, 2020 at the latest.

Please note: if you resigned after the start of confinement on October 29, 2020, you will not be able to benefit from an exceptional entitlement to unemployment insurance.

Duration of compensation

If you are eligible for exceptional measures linked to confinement, you will benefit from your unemployment benefits in the same way as other job seekers. Depending on the length of your membership, the duration of your compensation can be up to 24 months. From the age of 53, this period is extended to 30 or 36 months.