Unemployment insurance: “Abandonment of position” equals a resignation, the National Assembly votes

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Employees who resign will now be deemed to have resigned under a measure passed by the National Assembly on Wednesday, October 5.

Employees who leave their position are presumed to have resigned: the National Assembly voted on Wednesday 5 October on amendments from the majority and the LRs to limit access to the social security fund, despite criticism from the left.

“The employee who has voluntarily given up his position and does not return to work after receiving a letter of formal notice to this effect (…) is presumed to have resigned”, states the amendments, which were adopted by 219 votes to 68 within the framework of the sample. first reading of the bill on the unemployment insurance reform.

“A phenomenon on the rise”

The government, through the voice of ministerial delegate Carole Grandjean, said it supported this measure of job cuts, “an ever-increasing phenomenon”. These employees no longer come to work, without justification, and end up being fired by their employer. They can then get an unemployment insurance fund.

The left has taken issue with this phenomenon, citing “marginal” cases and urging not to “weaken protections for employees”. “What is the reason for these job cuts?” Asked Communist Pierre Dharréville, hinting at a link with labor relations.

Conversely, Dominique Da Silva (Renaissance), along the lines of Horizons and MoDem, argued that job cuts disrupted businesses and that it was a matter of providing a “clear and fair” measure for each one. “We do not deprive employees of any rights. They always have the opportunity to appeal” to the industrial court, also emphasized Jean-Louis Thiériot (LR), who among some on the left criticized “the choice of law for laziness”.

“Unconstitutional” measure for the socialists

In a stormy atmosphere again, the socialists assured that the adopted measure was unconstitutional and not compatible with the standards of the International Labor Organization (ILO). Unemployment insurance is basically reserved for people who are involuntarily deprived of employment. For those who resigned, there are some limited exceptions.

However, a dismissal due to abandonment of position constitutes a dismissal due to fault and currently does not deprive the dismissed person of his right to benefit from unemployment insurance, even if the abandonment of the position is “voluntary”. An amendment carried by Marine Le Pen (RN) was, on the other hand, rejected: it stipulated that the refusal to accept a permanent contract at the end of a fixed-term contract is considered a resignation.

“There are some people who cheat” by alternating CDD and unemployment benefits and rejecting CDI, the chairman of the far-right group said. The majority was also interested in the subject, and after three rejections by the CDI, amendments on the same measure had been tabled by Horizons and Modem deputies. But they were withdrawn by their authors at the request of the government, which wants to rework such a provision. Marine Le Pen stated the “virginal modesty of the government” in the matter.

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