the Council of State dismisses the unions which contested the reform

Several organizations, such as the CFDT and the CGT, were opposed to the modulation of the duration of compensation wanted by the government according to the level of unemployment in France.

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A person stands in a Pôle emploi agency in Lille (Nord), June 20, 2023. (FLORENT MOREAU / MAXPPP)

It is a hope that flies away for the opponents of the reform. The Council of State rejected, Wednesday July 5, the trade unions which wished to seize the Constitutional Council about the last reform of the unemployment insurance, which introduced the principle of a modulation of the rules of compensation according to the economic conditions.

Several unions (CFDT, CGT, CFTC, CFE-CGC, Unsa, Solidaires and FSU) had raised a “priority question of constitutionality”, which does not need to be referred to the Constitutional Council, according to the Council of State . The latter considers that the adjustment of the conditions for payment of the insurance allowance according to the economic situation “is not such as to undermine, by itself, the existence of a compensation scheme for unemployed workers”as the unions claimed in their petitions.

A reduction in the duration of compensation since February

“Employed workers find themselves in a different situation depending on whether they seek employment in a favorable economic context or in an unfavorable economic context”, even justifies the Council of State. In addition, this modulation “is directly related to the purpose of the law which establishes it, which is to ensure compensation for workers involuntarily deprived of employment while encouraging the resumption of professional activity”he adds.

Since February 1, the duration of compensation for all job seekers eligible for unemployment insurance has been reduced by 25%. This period may rise if the unemployment rate exceeds 9% or after a sudden deterioration in the labor market.


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