10/06/2024
Question that inspired this post:
Has anyone here had a "Rupture conventionelle" and left the company, and obtained chomage benefits?
Wanted to check if: Does the company need to write any additional statement in the CERFA form stating that the initiation of employment termination was from their side. (to be eligible for chomage). Or, as long as it is a rupture conventionelle, I am still eligible for chomage benefits.
Answer
"at the end of any work contract, the employer has to provide an attestation destined to Pole emploi. In this, the reason for contract termination is specified. This has to be transferred to pole emploi within 72hrs"
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Introduction
A "rupture conventionnelle" is a mutually agreed termination of an employment contract in France. It allows both the employer and the employee to end the employment relationship by mutual consent. This guide outlines the key points regarding eligibility for chômage (unemployment) benefits after a rupture conventionnelle, and the steps to ensure you navigate the process correctly.
Eligibility for Chômage Benefits
Mutual Agreement
The rupture conventionnelle must be a genuine mutual agreement between the employer and the employee. It should not be imposed by one party on the other.
Specific Allowance
The employer must pay a specific allowance (indemnité spécifique de rupture) to the employee. This amount cannot be less than the dismissal indemnity applicable in the company’s collective bargaining agreement or the minimum set by French labour law.
Unemployment Benefits
Employees who leave their jobs through a rupture conventionnelle are eligible for chômage benefits, provided they meet the general eligibility criteria for unemployment benefits in France.
CERFA Form and Additional Statements
CERFA Form
The CERFA form (no. 14598) is used to request approval for the rupture conventionnelle. This form must be completed and signed by both the employer and the employee. You can find the form here.
No Additional Statement Required
There is no requirement for the company to write an additional statement in the CERFA form stating that the initiation of employment termination was from their side. The mutual agreement itself, as documented in the rupture conventionnelle, is sufficient to establish eligibility for chômage benefits.
Approval Process
The completed CERFA form must be submitted to the DIRECCTE (Direction Régionale des Entreprises, de la Concurrence, de la Consommation, du Travail et de l'Emploi) for approval. The DIRECCTE has 15 working days to approve or reject the request. If no response is received within this period, the agreement is deemed approved. For more details, visit the DIRECCTE website.
Steps to Ensure Eligibility for Chômage Benefits
1. Ensure Mutual Consent
Both parties must genuinely agree to the termination. The employee should not feel coerced into signing the agreement.
2. Complete the CERFA Form
Fill out the CERFA form accurately and ensure it is signed by both the employer and the employee.
3. Submit for Approval
Submit the form to the DIRECCTE and wait for the approval. Keep a copy of the submission and any correspondence for your records.
4. Register with Pôle Emploi
After the termination, register with Pôle Emploi to apply for chômage benefits. You will need to provide the Pôle Emploi declaration established by your employer upon termination. You can register and find more information here.
Conclusion
In summary, after a rupture conventionnelle, you are eligible for chômage benefits as long as the termination is mutually agreed upon and properly documented using the CERFA form. There is no need for the company to write an additional statement in the form. Ensure that all procedures are followed correctly, and register with Pôle Emploi to receive your benefits.
Additional Tips for a Smooth Process
Severance Pay
Ensure you receive the appropriate severance pay as stipulated in the agreement.
Approval Timeline
The entire process, including approval from DIRECCTE, might take a few weeks, so plan accordingly.
Eligibility Criteria
Confirm you meet the other eligibility criteria for chômage benefits, such as the minimum contribution period (having worked a certain number of hours within the last 24 months).
Legal Advice
If you have any concerns or doubts, it might be helpful to consult with an employment lawyer or your HR department for detailed guidance.
Real-Life Experiences
Many people have successfully left their company through a rupture conventionnelle and obtained chômage benefits in France. Here are some practical steps they followed:
Completion of the CERFA Form: Ensure all sections of the CERFA form are accurately filled out and signed by both parties. Specify the date of termination and the severance payment amount (indemnité de rupture).
Submission to DIRECCTE: Submit the signed CERFA form to the DIRECCTE for approval. Both parties have 15 days to withdraw consent after submission. After this period, if no objections are raised, the termination is approved.
Registration with Pôle Emploi: Once the termination is approved and your employment has ended, register with Pôle Emploi to apply for unemployment benefits. Provide all necessary documentation, including the approved rupture conventionnelle form and proof of previous employment.
By following these steps and ensuring all required procedures and documentation are in order, you can successfully navigate the process of obtaining chômage benefits after a rupture conventionnelle.
Reach out if you have any questions concerning this post.
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