The French Social Security System V - UNEMPLOYMENT INSURANCE

2016

The unemployment insurance scheme is the product of a negotiated agreement between the two sides of industry (national and multi-industry employers' and employees' organizations).

The government then approves the agreement if it is pursuant to applicable law. This approval makes the agreement officially enforceable.

The Unemployment insurance system applies to metropolitan France, the overseas Departments, Saint Pierre and Miquelon, Saint Barthelemy, Saint Martin, and Monaco. It does not apply to Mayotte, which has its own system (see http://www.unedic.org/article/l-allocation-d-aide-au-retour-l-emploi-mayotte).

Organizational structure

The public employment service is organized around two bodies: the bipartite body UNEDIC (National Professional Union for Employment in Industry and Trade), which will continue to perform its task of administering the unemployment insurance scheme and organizing the benefits payment system, and the service for jobseekers ("Pôle emploi").

Pôle emploi brings all employment services under a single body, with a single point of contact for registering, counseling, training, placing and paying benefits to jobseekers.

Financing

The unemployment insurance scheme is financed through contributions paid on earnings: subject to the limit of 4 times the monthly social security ceiling (€12,872 in 2016).

Since 1st January 2011, unemployment insurance contributions have been collected by the URSSAF.

Applicability

The scheme is applicable to all employees of companies covered by the agreement.

Benefits

The amount and duration of benefit payments depend upon the period during which the claimant has contributed to the scheme and total contributions paid.

Entitlement

To qualify for unemployment benefit (Return to employment benefit or ARE), the claimant must satisfy the following conditions:

  • have involuntarily lost their job (termination by the employer, the end of a fixed-term employment contract or an assignment contract, termination by mutual agreement or resignation for a valid reason),
  • be physically fit for work,
  • be registered as a jobseeker with "Pôle emploi" and comply with a personal return-to-work plan,
  • be actively seeking employment,
  • have worked at least 122 days or 610 hours (4 months) in the last 28 months, or in the last 36 months for jobseekers aged 50 and over) before becoming unemployed,
  • be below the legal minimum retirement age (60 or 62 depending on year of birth) or the qualifying age for a full pension(between 65 and 67 depending on year of birth),
  • accept "reasonable" job offers (sanctions apply if a jobseeker refuses more than two such offers).

Replacement income

The daily return-to-work allowance ("Aide au retour à l'emploi"/ ARE) is calculated partly on the basis of a daily reference wage (SJR). The reference wage is based on earnings subject to contributions during the 12 calendar months prior to the last day of paid work, up to a limit of 4 times the social security ceiling (€12,872 per month). It is calculated as follows:

SJR = Reference salary/ Number of days of membership in the scheme (up to 365 days)

The daily ARE rate is equal to the highest of the following amounts:

  • 40.4% of the SJR + a set amount (11.76 €)
  • 57% of the SJR

This amount cannot be below 28.67 € or exceed 75% of the SJR.

Effective date and length of award.

Payment begins on the day following the waiting period and any deferred compensation period(s).

  • The waiting period is 7 days long. It applies to all unemployment insurance compensation and is in addition to any:
  • Deferral for "paid vacation," calculated based on the "paid leave" compensation that is paid at the end of the employment contract,
  • "Specific" deferral, calculated based on "non-statutory" (higher than the legal minimum) termination compensation which is paid when an employment contract is terminated (the upper limit is generally 180 days, 75 days when the employee has been laid off for economic reasons).

The duration of benefit payments is based on the principle of "a day of work equals a day of compensation." Benefits are paid for a minimum period of 122 days (4 months) and a maximum period of 730 days (24 months) for private-sector employees aged under 50, and 1,095 days (36 months) for employees aged over 50.

Return-to-work incentive measures

The May 14, 2014, agreement on unemployment compensation set forth measures that encourage jobseekers to return to work, even on a short-term contract. They are applicable from October 1st 2014.

Roll-over entitlements

This program allows a jobseeker who is receiving unemployment benefits to take one or more jobs and perform a total of 150 hours or more of work without losing the entitlements s/he had acquired at the time of his/her first application for benefits. This means that the jobseeker can add the new entitlements earned from a short period of employment onto the entitlements that had not been used when employment was resumed.

For more information, visit the UNEDIC  website.

Earning a salary while receiving unemployment benefits

This could already be done before the May 2014 agreement, but the rules have been changed. It is now possible to earn a salary while receiving unemployment benefits on the one condition that the total amount of the salary plus the unemployment benefit not exceed the average gross salary earned prior to registration as a jobseeker.

For any given month, the benefits paid if a salary is being earned at the same time are calculated as follows:

Benefits paid during the month = Benefits that would be due without employment – 70% of the gross monthly salary earned from the new employment.

More information is available on the UNEDIC website

Service public : http://vosdroits.service-public.fr/particuliers/F1447.xhtml#N1019B