Unemployment insurance: the new compensation rules from February 1, 2023

The Minister of Labor presented the unemployment insurance reform. New Pôle Emploi compensation rules will apply.

Presented to the social partners, the unemployment insurance reform does not give gifts to people who are unemployed . Indeed, it sets new rules for Pôle Emploi compensation which will apply from February 1, 2023. Pending the publication of the decree, which will take place by January , let's take stock of this reform .

Unemployment insurance reform: what it provides

Too long a compensation period: this is the founding principle of this reform . This would not encourage the unemployed to return to work. According to the government, this is the only way to achieve full employment. It's also the only way to help sectors in tension to recruit .

The project is counter-cyclical, in other words, the rules will change depending on the situation . In fact, the aim is to correlate the duration of compensation for unemployed in the economic cycle :

• The duration of compensation reduced by 25% if the unemployment rate is less than 9% within the meaning of the ILO. A job seeker benefiting from previously 12 months of entitlement will only be covered for 9 months .
• In the event of an unemployment rate above 9%, the current system will apply: 1 day worked (thus paid) = 1 day compensated .

Double reform, double punishment

With the 2019 reform, access to unemployment insurance rights has already been restricted . Indeed, this reform imposes 6 months of contract accumulated over the period of the last 24 months. Against 4 during 28 months previously. In addition, it also changed the formula for calculating the daily reference wage (SJR). What impacts the amount of the allowance .

At last, we have already postponed to 6 months the reloading of the rights to compensation , against 1 previously. This reloading of entitlements again allows recipients at the end of their entitlements to be compensated.

'To make the pill go, the government had assured that by reducing daily allowances while increasing the duration of compensation, it would not touch the capital of rights. », Explains Pierre Garnodier, the general secretary of the CNTPEP CGT.

He goes on to say that the government is reducing the duration after a drastic reduction in the amount of allowances. Either 17% on average in 2021 .

Still according to the Secretary General, the budget cut is around 11% according to the Unedic estimate , mostly focused on legal purposes. Moreover, he also regrets the opacity of the system, saying that many ignore this insurance and do not use it .

The DARES estimates that 25 to 42% of eligible employees do not use unemployment insurance . This is in a report from October 2022. This figure represents between 390,000 and 690,000 people over one year. This often concerns the youngest or the precarious. And the phenomenon risk of increasing due to this reform .

Unemployment insurance: the categories spared

First, is there a minimum compensation period?

Answer: yes. The duration cannot be less than 6 months . That said, a contract of 6 to 8 months entitles you to a minimum of 6 months of compensation. Beyond, we apply the coefficient (see above) .

Regarding the categories spared, it should be noted that this unemployment insurance reform affects all categories . With the exception of entertainment workers, dockers and fishermen-sailors, registrants from overseas territories and expatriates .

That's not all. The reform also excludes beneficiaries of professional security contracts (CSP). But also employees made redundant for economic reasons by a company with less than a thousand employees or in receivership . For these, countercyclicality does not apply. It is always the social partners who define the modalities.

'The main rules of this system, which is very favorable compared to the others, were not reformed either in 2019 or this time around. »

This was explained by Bruno Coquet, doctor in economics and expert in public policy. According to the latter, these rules are even further away from those applied in common law .

Abandonment of post and presumption of resignation

Your rights to unemployment benefits will be withdrawn if you are unemployed . Likewise if you refuse a CDI proposal twice after a CDD. Or after an interim mission during the previous twelve months. However, this will not be the case if the last proposal does not comply with the criteria defined in the personalized project access to employment.

End of benefits after two CDI refusals

Pierre Garnodier warns:

'The modulation system and the implementation of the refusal of compensation for refusal of CDI will penalize the unemployed who have the most difficulty finding a job. »

Job abandonment = resignation

Until then, a resignation did not qualify for unemployment benefit while abandonment of position led to dismissal most of the time. This allowed access. With the unemployment insurance reform, we introduced ' the presumption of resignation of the employee when the latter leaves his position voluntarily ' .

It is a way of depriving people made redundant as a result of a post d'indemnité abandonment . This is also the case for a resignation, without legitimate reasons.

'It is often the last resort for people facing psychosocial risks, stress, harassment, etc. who were refused the contractual termination. »

These are the words of Pierre Garnodier, adding that this presumption will weaken these people . You will be considered resigned if you voluntarily leave your position. And this, after formal notice from justify your absence within a deadline set by the employer .

In this case, you will not be compensated . As a sole remedy, an expedited procedure has been created to reverse this 'preemption of resignation' .

Unemployment insurance: the most exposed categories

Here is the people most exposed to this reform unemployment insurance:

• The precarious, in short CDD, interim, etc:

Under threat of losing their income, Kevin Parmas believes that the most precarious will be forced to accept low-skilled jobs . According to the economics instructor, there is often a mismatch between the type of jobs offered by the employers and the qualifications of the insured .

• The women :

For women, these measures are potentially harmful . Indeed, most of them occupy the most precarious jobs, unwanted part-time jobs, short contracts, etc.

• Seniors :

Rights drop from 36 to 27 months for those over 55 .

' The statistics clearly underline the difficulty for the latter to find a job '.

This is what Bruno Coquet recalled to Thank you for the info. So there is a marked improvement in the labor market for this category . Pierre Garnodier for his part considers that these measures, associated with the effects of the pension reform, risk condemning many to the RSA .

Source : Mercipourlinfo

source: foozine.com