France Work: the abolition of unemployment benefits confirmed in the event of refusal of a permanent contract

The Council of State has decided. However. Moreover. Moreover, Since January 1, 2024, the employees in fixed -term contracts or in interim mission must think twice before declining a CDI offer. For good reason. Additionally, Moreover. Similarly. the law now provides that a job seeker refusing two reasonable job offers (ORE) within 12 months of the end of his contract may be seen deprived of sound Return to employment help allowance (ARE). However, But to be considered reasonable. Furthermore. Therefore. it should be noted that this job offer must meet some very precise criteria, including concerning the same job or a similar position, offer remuneration at least equivalent or have an identical working timeFor example.

For his part, the employer has the obligation to make its offer in good and due form. Moreover, It must be sent france work: abolition unemployment benefits new by a france work: abolition unemployment benefits new means which proves the date of sending. Nevertheless, receipt (registered france work: abolition unemployment benefits mail, hand -free hand -handed, or any other equivalent process). In addition, The employer must also specify the response period granted to the employee. What if the latter declines the proposal, or simply does not respond? The company has one month to report this refusal to France work. For his part. the ex-Pôle Emploi will then inform the interested party of the consequences: The possibility of losing unemployment benefits.

This abolition of unemployment benefits “Would create forced. compulsory work situations” – France work: abolition unemployment benefits

A device that logically made the unions jump. like the CGT, Solidaires, FSU and Force Ouvrière. The four organizations have seized the Council of State to Request the cancellation of the application decree From December 28. 2023, as well france work: abolition unemployment benefits new as the decree of January 3, 2024 fixing france work: abolition unemployment benefits new the information methods of France Work. Their grievances? A procedure deemed inequitable by workers’ defense organizations. For good reason. no minimum france work: abolition unemployment benefits response period was guaranteed. the employer was not required to inform the employee of the consequences of his refusal. that is to say that he could lose his unemployment benefits. In addition, the criteria to prove that a position is “Identical or similar” remained vague. In short, for unions, the decree would be full of irregularities and «would create forced or compulsory work situations ”.

Arguments swept away with a back of hand by French justice, therefore. Additionally, In its decision of July 18. the highest court of the administrative order considered thatNone of these criticisms justified to cancel the decree or the decree. For the latter. the obligation made france work: abolition unemployment benefits new to the employer to inform France work in the event of refusal has. in france work: abolition unemployment benefits new itself, No direct effect on the rights of the employee. Only the public operator remains competent to decide. after examination, whether the allowances will be france work: abolition unemployment benefits granted or not. The Council of State also recalls that only CDI proposals identical. similar to the previous employment can be taken into account. And that a reasonable time must always be granted to the employee to respond, his silence then refusal. Finally, the employee remains free to challenge any decision of France work before the judge. Employees at the end of the contract are therefore warned: A refusal can definitely cost them dearly.