Unemployment insurance: the new compensation rules from 1 February 2023

Presented to the social partners, the unemployment insurance form does not give gifts to the unemployed. Namely, it sets new rules for Pôle Emploi compensation, which will apply from 1 February 2023. Until the publication of the decree, which will take place in Januarylet’s take stock of this reform.

Unemployment insurance reform: what it provides

Too long compensation period: this is the basic principle of this reform. This would not encourage the unemployed to return to work. According to the government, this is the only way to achieve full employment. It is the only way to help sectors in tension to recruit.

The project is countercyclical, in other words the rules will change depending on the situation. In fact, the goal is to correlate the duration of compensation for unemployed in the economic cycle :

  • The duration ofcompensation reduced by 25% if unemployment is less than 9% in the sense of the ILO. A job seeker benefit previous 12 months entitlement will only be covered for 9 months.
  • In the event of unemployment above 9%, the current system will apply: 1 working day (ie paid) = 1 day compensated.

Double reform, double punishment

With the 2019 reform, access to social security benefits has already been limited. This reform actually imposes 6 months of contract accumulated over the last 24 months. Against 4 over the past 28 months. In addition, it also changed the formula for calculating the daily reference wage (DJR). What affects the amount of the allowance.

Finally, we have already postponed the reloading of the rights to compensation for 6 months, against 1 previously. This reloading of entitlements again enables beneficiaries, when their entitlements cease, to be compensated.

“In order to make the pill work, the government had ensured that by reducing unemployment benefits and at the same time increasing the duration of the compensation, it did not touch the capital of the rights. », explains Pierre Garnodier, the general secretary of the CNTPEP CGT.

He goes on to say that the government is reducing the duration after a drastic reduction in the quota amount. Either 17% on average in 2021.

Still according to the Secretary General, the budget is being cut is around 11% according to the Unedic estimate, mostly focused on legal purposes. Furthermore, he also laments the opacity of the system and says that many ignore this insurance and do not use it.

DARES estimates that 25 to 42% of eligible employees do not use the a-box. This appears from a report from October 2022. This figure represents between 390,000 and 690,000 people over a year. It often concerns the youngest or the insecure. And the phenomenon risk of increasing as a result of this reform.

Unemployment insurance: the categories saved

First, is there a minimum compensation period?

Answer: yes. The duration cannot be less than 6 months. That said, a 6 to 8 month contract entitles you to a minimum of 6 months compensation. Besides, we use the coefficient (see above).

Regarding the saved categories, it should be noted that this social security fund reform affects all categories. With the exception of entertainment workers, dock workers and fisherman-sailors, registrants from overseas territories and expatriates.

That’s not all. The reform also excludes recipients of professional security contracts (CSP). But also employees who have been dismissed for financial reasons by a company with less than a thousand employees or in suspension of payments. For these, countercyclicality does not apply. It is always the social partners who define the modalities.

“The main rules of this system, which are very favorable compared to the others, were neither reformed in 2019 nor this time. »

This was explained by Bruno Coquet, doctor of economics and expert in public policy. According to the latter these rules are even further away from those used in common law.

Abandonment of position and presumption of resignation

Your rights to unemployment benefits will be withdrawn if you are unemployed. Likewise if you refuse a CDI proposal twice after a CDD. Or after a temporary assignment during the previous 12 months. However, this will not be the case if the last proposal does not meet the criteria defined in the customized project access to employment.

End of benefits after two CDI refusals

Pierre Garnodier warns:

“The modulation system and the implementation of the refusal of compensation for refusal of CDI will punish the unemployed who have the hardest time finding a job. »

Job termination = termination

Until then, a termination was not entitled to unemployment benefits while abandonment of position led to dismissal most of the time. This gave access to it. With the unemployment insurance reform we introduced “the presumption that the employee resigns when he voluntarily leaves his position”.

It is a way of depriving people who have become redundant as a resultabandonment of indemnity mail. This is also the case in case of termination, except for legitimate reasons.

“It is often the last resort for people facing psychosocial risks, stress, harassment, etc. who was refused the contractual termination. »

These are the words of Pierre Garnodier who adds that this presumption will weaken these people. You will be considered terminated if you voluntarily leave your position. And this after formal announcement from justify your absence within a deadline set by the employer.

In this case, you will not be compensated. As the only remedy, an expedited procedure has been set up to reverse this “presumption of resignation”.

Unemployment insurance: the most vulnerable categories

Here is the people most exposed to this reform unemployment insurance:

  • The uncertain, in short CDD, temporary, etc.:

Under threat of losing their income, Kevin Parmas thinks so the most insecure will be forced to accept unskilled jobs. According to the economics instructor, there is often a mismatch between the type of job on offer the employers and the insured’s qualifications.

For women, these measures are potentially harmful. Most of them actually occupy the most precarious jobs, unwanted part-time jobs, short contracts, etc.

Rights fall from 36 to 27 months for those over 55.

“The statistics clearly emphasize how difficult it is for the latter to find a job”.

This is what Bruno Coquet reminded of Thanks for the info. So there is a marked improvement in the labor market for this category. Pierre Garnodier, for his part, believes that these measures, combined with the effects of the pension reform, risks sentencing many of them to RSA.

Source: Thanks for the info

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