Huntik Season 2 A New Mission Part 1

Resignation legitimate and entitled to unemployment benefits: a loophole against the principle

L one of the conditions necessary to qualify for unemployment insurance benefits have been unemployed involuntarily. The e General Rules of UNEDIC expected analyzed as involuntary loss of employment emissions of the legitimate . To identify these, it should refer to ' Implementing Agreement No. 14 of February 19, 2009.
According to popular belief, the employee's resignation deprives the automatic right to unemployment insurance.
However, this automaticity are several exceptions: according to its circumstances, the resignation can be considered legitimate, therefore accidental.
The overall logic for resignation and entitlement to unemployment insurance benefits may be illustrated from the following question, asked by way of example:

"If an employee is during a permanent end to its trial period, is he entitled to unemployment benefits? ".

In principle, where a voluntary act by the employee, it should not be eligible for unemployment benefits.

However, is regarded as legitimate resignation during or after a trial period not exceeding 91 days for a job again after a layoff or an end of CSD has not led to registration as employment. (See Appendix: Chapter 2 - § 4)

Thus, there are two answers to the question.

In principle, it will be negative.

However, it will be positive especially if

• trial period not exceeding 91 days

and

• employment is resumed after a termination or end of CSD has not led to registration as a jobseeker.

Many other situations are discussed as legitimate decisions: such as monitoring spouse who changes residence to a new job or face criminal behavior by the employer, evidenced by a complaint.

The Implementing Agreement No. 14 of February 19, 2009 provides a detailed list cases of resignations considered legitimate.

The easiest way is to browse it to get the case may apply to the situation in which the employee is confronted.

Appendix:

Implementing Agreement No. 14 of February 19, 2009

resignation considered legitimate

Chapter 1

§ 1 - is deemed legitimate, the resignation:

a) the employee under the age of 18 who breaks his contract of employment to follow his parents or the person exercising the power parental b) of an employee who breaks his contract of employment to follow a spouse who changes residence to a new job, or self-employed.

The new job may include: - being held as a result of a mutation within a company - be a consequence a change of employer decided by the applicant - match the entry in a new venture by a worker who was formerly private activity; c) of an employee who breaks his contract of employment and whose departure due to her marriage or entering a civil partnership involving a change of residence of the person concerned, since less than two months elapse between the date of resignation or termination employment contract and the date of marriage or the conclusion of the civil pact of solidarity.

§ 2 - is deemed legitimate, the rupture initiated by the employee, contract employment-solidarity or integration contract by the activity of an employment contract for young people take a new job or to follow a training course.

is also deemed legitimate, the rupture initiated an employee of an employment initiative contract (CIE) fixed-term contract of employment assistance (CAE), contract future (CA), a contract-minimum income insertion activity (CIRMA) or a single integration contract for employment contract of fixed-term employment of at least 6 months or contract of indefinite duration or to follow a training qualification within the meaning of the first 4 paragraphs of Article L. 6314-1.

§ 3 - is deemed legitimate for the purposes of Article 9 § 2, the voluntary departure of the last paid employment.

This presumption applies in the annexes to the Regulation with the exception of Annexes VIII and X.

Chapter 2

are also regarded as legitimate, the breaks in the employee's initiative occurred in the following situations:

§ 1 - The resignation occurred due to non payment of wages for periods of work, provided that the person has an interim order granting him an allowance of amounts corresponding to wage arrears.

§ 2 - The resignation occurred as a result of an act may be criminal whose employee claims to have suffered during the execution of his employment contract and for which he proves he has filed a complaint with the prosecutor.

§ 3 - The resignation occurred due to change of residence justified by a situation where the employee is a victim of domestic violence and for which he proves he has filed a complaint with the prosecutor .

§ 4 - The employee who, after a layoff or a termination of fixed-term work has not led to a registration as a jobseeker, undertake an activity which voluntarily terminates during or after a period not exceeding 91 days.

§ 5 - An employee who has 3 years of continuous membership within the meaning of Article 3 and that he voluntarily left his employment to return an employee on indefinite materialized by hiring effective when the employer terminates before the expiry of a period of 91 days.

§ 6 - When the employment contract says "couple and indivisible" has an automatic termination clause, termination of employment contract is deemed legitimate if the employee leaves employment because dismissal or retirement of a spouse by the employer.

§ 7 - The resignation of the employee motivated by any of the circumstances referred to in Article L. 7112-5 of the Labour Code to if there was actual payment of compensation provided for in Articles L. 7112-3 and L. 7112-4 of the Labour Code.

§ 8 - An employee who leaves employment to enter into one or more contracts of international solidarity volunteering for one or more missions to international solidarity volunteering or volunteer service contract for one or several missions volunteer service a minimum continuous period of one year.

This also applies when the mission was terminated before the expiry of the minimum term of one year's continuous commitment provided initially by voluntary agreement of international solidarity.

§ 9 - An employee who quit his job, and who was not eligible for allocation to create or acquire a business whose activities gave rise publication formalities required by law, and whose activity ceases for reasons beyond the control of the designer or buyer.

Signatories: MEDEF, CGPME, UPA, CFDT