Towards a tightening of the rules for access to unemployment benefits for workers on fixed-term contracts. After long hours of negotiations, deputies and senators found a compromise on the unemployment insurance bill that the government wanted on Wednesday, November 9. This text, which should allow the government to modulate unemployment insurance according to the situation on the labor market, still needs to be voted on in the two chambers, on November 15 in the Assembly and on November 17 in the Senate.
Gathered in a joint committee, deputies and senators approved measures to tighten the text. “Dialogue and building together means being able to act for full employment”, welcomed Prime Minister Elisabeth Borne. Franceinfo reviews the main measures approved by Parliament.
Current unemployment insurance rules extended
The text extends the current social security fund rules, which expired on 1 November. A decree to this effect was adopted in advance at the end of October by the government. Above all, the text, once adopted, will allow the executive to decide on the rules for unemployment insurance compensation by decree, instead of the social partners, until 31 December 2023, although discussions are ongoing. . The Senate, which had set a deadline of August 31, 2023, was forced to relent.
The possibility to modulate certain rules
It was a campaign promise from Emmanuel Macron, who wanted to modulate the social security fund according to the economic situation, it saw “stricter when too many jobs are unfilled, more generous when unemployment is high”. The text does not specify the form that this measure will take, leaving it to the government to decide by decree. Elisabeth Borne’s government aims to take effect in early 2023.
The precise rules have therefore yet to be decided, but the Labor Minister Olivier Dussopt had already assured Sunday newspaper (article reserved for subscribers) that the government “do not touch[ait] not the compensation amount”. However, the duration of the compensation or the conditions for opening unemployment rights should be affected by this graduation.
Tighter access to benefits for people on fixed-term contracts
To get its text adopted, the executive had to accept proposals from the senators Les Républicains (LR). From now on, two refusals in one year of a CDI after a CDD or a temporary contract in the same position, same location and at least the same remuneration will lead to the loss of unemployment benefits. It will be up to the employer to inform Pôle emploi. The government initially opposed the provision, as explained by Olivier Dussopt at franceinfo. “The government didn’t want it, but we didn’t bend”responded to AFP, the rapporteur of the text in the Senate, Frédérique Puissat.
The rapporteur of the assembly, Marc Ferracci, from the Renaissance group, emphasized that he had “accepted the measure for the sake of compromise”but think there is a risk “gas plant”. “Should employers 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 must check whether the rejected CDI falls within “reasonable job offers” defined by the job seeker with his adviser (geographic search area, salary and expected working hours, etc.). In the event of two rejections of reasonable offers, the award can already be withdrawn.
Abandonment of position is equated with a resignation
The Joint Parity Committee retained this measure, which was passed by the National Assembly at first reading. Its purpose is to assimilate an abandonment of a position to a resignation and thus inhibit access to social security for employees in this situation. “The employee who has voluntarily given up his position and does not return to work after receiving a notice to this effect (…) is presumed to have resigned”gives the text.
Currently, a dismissal motivated by job loss does not deprive the employee of his right to benefit from unemployment insurance. The government said it was in favor of this change and pointed out “a phenomenon on the rise”.
An extension of the “bonus-malus” mechanism for companies
Senators and deputies finally retained 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 assembly’s version, that is, with an establishment period, which is an observation period.”explained Frédérique Puissat to the public senate.
Introduced by a 2018 law, this provision allows the state to calculate a “bonus-malus” on unemployment benefits applicable to companies in seven sectors that very often use short contracts, the Vie-publique site explains. The bill authorizes the government to extend this mechanism by decree until 31 August 2024.