Job seekers who combine short contracts, young people entering the labor market, women who have had maternity leave, people who have been on sick leave or partial unemployment … the list is long of the unemployed who will be more particularly penalized by the new calculation of the daily reference wage (SJR) supposed to come into effect on 1is July.
There was a lack of job seekers who work simultaneously for several employers, such as childminders, housekeepers, home helpers and all individuals who come to mow the lawn or trim the hedges. At the request of Force Ouvrière (FO), a new study by Unédic, whichEconomic Alternatives was able to consult, shows that this category of job seekers should also see their benefits reduced under certain conditions.
“The consequences on compensation are less obvious than for job seekers who work intermittently, alternating contracts and periods of unemployment, or for those who combine an allowance and a salary from a new activity, but they are nonetheless not insignificant for what are called the retained activities ”, notes Michel Beaugas, in charge of the unemployment insurance file at FO.
The weight of inter-contracts
By “retained activity”, we must imagine the cases where a person works for several employers. Assuming that a nanny keeps four children and that she loses one of her contracts, at the initiative of the parents, she will receive a return-to-work allowance (ARE) for this lost job, but she may accumulate with the entire salary she receives for the “retained activity” of the three children. In the course of compensation, if she loses a contract again, her rights will be revised. You must be able to prove at least four months of membership (88 days worked or 610 hours worked) in respect of the retained activity lost.
Unemployment insurance considers that an activity is “preserved” if it began before the end of the employment contract taken into account for the opening of rights, if it was indeed carried out concomitantly with the lost activity – the custody of four children at the same time – and whether it has been combined with the income from the lost activity (s). “We are not in the situation of job seekers who can combine a salary from a new activity with an allowance which will therefore be reduced. With the system of retained activity, there is no deduction that takes place ”, specifies Michel Beaugas.
In certain typical cases studied by Unédic, an employee who works simultaneously for several employers can lose 238 euros of allowance per month
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But now, this rule more reassuring for multi-employers who often work on a seasonal basis is also subject to the law of the recalculation of the RLS. Because the inter-contract periods will count to determine it and the more these intervals are prolonged, the more the allowance will fall mechanically.
The Unédic note thus retains three typical cases. In the first, ideal situation, an employee accumulates two fixed-term contracts of six months each remunerated up to 750 euros, without any inter-contract period. Concurrently with these two contracts, he carries out another activity paid 450 euros per month. At the end of the CDD, he registers with Pôle emploi, receives an indemnity of 556.50 euros per month over twelve months to which he can add all of his 450 euros, or 1,006.50 euros. The 2019 reform does not change anything compared to the previous one in 2017.
In the second case, already less favorable, the same person experiences exactly the same contract lengths and identical salaries but his two fixed-term contracts are not linked: they are separated by a period of unemployment of three months. Through the play of periods not worked which enter into the calculation, she will only receive 445.30 euros (over fifteen months) that she will accumulate with the activity retained, that is to say 895.20 euros.
But it is in the third case that the loss is the highest with 238 euros per month less. In the event that her two contracts are separated by an intercontract of twelve months, she will only be entitled to 318 euros per month for twenty-one month, plus the salary for the activity retained, that is to say say 768 euros.
As soon as a jobseeker loses his retained activity, after eight months for example, Unédic’s calculations do not show a big difference compared to the calculation methods of the 2017 agreement. C It is above all the multiplication of periods of unemployment between two contracts which has a downward effect on benefits. “We must not either that people lose too often and too closely their activities preserved, otherwise they will leave a lot of feathers”, fears Michel Beaugas.
What all the same to feed the already well supplied file of the lawyers of the trade unions, who attacked the decree reforming unemployment insurance before the Council of State. The summary judgment is expected around June 10.
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