Towards a tightening of the rules of access to unemployment benefits for workers on fixed-term contracts. After long hours of negotiations, the deputies and senators found a compromise, Wednesday, November 9, on the unemployment insurance bill wanted by the government. This text, which should allow the government to modulate unemployment insurance according to the situation of the labor market, must still be voted on by the two chambers, on November 15 in the Assembly and on November 17 in the Senate.
Gathered in a joint committee, deputies and senators validated measures to toughen the text. “Dialogue and building together means being able to act for full employment”, welcomed Prime Minister Elisabeth Borne. Franceinfo goes around the main measures validated by Parliament.
Current unemployment insurance rules extended
The text extends the current unemployment insurance rules, which expired on November 1. A decree to this effect was taken in advance at the end of October by the government. Above all, once adopted, the text will allow the executive to decide until December 31, 2023 on the rules for unemployment insurance compensation by decree, instead of the social partners, even if discussions are underway. . The Senate, which had set a deadline of August 31, 2023, was forced to let go.
The possibility of modulating certain rules
It was a campaign promise from Emmanuel Macron, who wanted to modulate unemployment insurance according to the economic situation so that it is “stricter when too many jobs are unfilled, more generous when unemployment is high”. The text does not fix the form that this measure will take, leaving it up to the government to decide by decree. The government of Elisabeth Borne is aiming for entry into force in early 2023.
The precise rules therefore remain to be decided, but the Minister of Labor Olivier Dussopt had already assured the Sunday newspaper (article reserved for subscribers) that the government “don’t touch[ait] not the amount of compensation”. The duration of the compensation or the conditions for opening unemployment rights should, however, be affected by this modulation.
Tighter access to benefits for people on fixed-term contracts
To have its text adopted, the executive had to accept proposals from senators Les Républicains (LR). From now on, two refusals in one year of a CDI after a CDD or an interim contract on the same post, the same place and at least the same remuneration will lead to the loss of unemployment compensation. It will be up to the employer to inform Pôle emploi. The government was initially opposed to the provision, as explained by Olivier Dussopt on franceinfo. “The government did not want it, but we did not bend”reacted to AFP the rapporteur of the text in the Senate, Frédérique Puissat.
The rapporteur for the Assembly, Marc Ferracci, from the Renaissance group, underlined that he had “accepted the measure for the sake of compromise”but think there is a risk “gasworks”. “Are employers going to commit to the process [et signaler les refus de CDI] ?”wondered the deputy, who “a big doubt about the feasibility”. In addition, control officers at Pôle emploi will have to check whether the refused CDI falls within the “reasonable job offers” defined by the jobseeker with his adviser (geographical search area, salary and expected working time, etc.). In the event of two refusals of reasonable offers, the allocation can already be withdrawn.
Abandonment of post assimilated to a resignation
The mixed parity committee retained this measure, voted by the National Assembly at first reading. It aims to assimilate an abandonment of position to a resignation and thus harden access to unemployment insurance for employees in this situation. “The employee who has voluntarily abandoned his position and does not return to work after having been given formal notice for this purpose (…) is presumed to have resigned”provides the text.
Currently, a dismissal motivated by job abandonment does not deprive the employee of his right to benefit from unemployment insurance. The government said it was in favor of this amendment, pointing out “a phenomenon in constant increase”.
An extension of the “bonus-malus” mechanism for companies
Senators and deputies finally kept this mechanism, which aims to limit the short contracts used by companies, explains The world. “We had emptied it [de sa substance]. It finally remained in the version of the Assembly, that is to say with a period of establishment which is a period of observation”explained Frédérique Puissat to Public Senate.
Introduced by a law dating from 2018, this provision allows the State to calculate a “bonus-malus” on unemployment contributions applicable to companies in seven sectors which very often use short contracts, explains the Vie-publique site. The bill authorizes the government to extend this mechanism by decree, until August 31, 2024.