The CGT, FSU and Solidaires unions filed an appeal with the Council of State. Its objective: to obtain the annulment of the decree that prevents workers who leave their job from benefiting from unemployment insurance.
According to this decree published in mid-April and also attacked by FO, a worker who leaves his job and has not resumed it two weeks after a formal notice is now presumed, with few exceptions, to have resigned, which deprives him of the unemployment. sure.
Prior to this decree, employees who no longer came to work without justification generally ended up being fired for misconduct by their employer. Then they could receive unemployment insurance.
82,000 job leavers compensated in 2022
This presumption of resignation does not apply in cases in which the worker alleges medical reasons, the exercise of the right of withdrawal or the right to strike, the refusal to comply with an instruction contrary to a regulation or a modification of his employment contract on his own initiative. own. from the employer
In a recent study, Unédic estimates that 82,000 job abandonments have given rise to compensation in 2022 (ie 5% of rights).
According to this survey, carried out on a sample of beneficiaries at the end of 2022, job abandonments are almost entirely linked to the termination of permanent contracts and are more frequent in the first part of their professional career.
According to the people interviewed, the motivations are diverse: working conditions, the desire of the worker to retrain, problems of discomfort or harassment…
Most often, leaving work is preceded by the employer’s refusal to sign a conventional dismissal. Half of them are carried out in agreement with the employer, even for 23% of the cases, suggested by the latter.
Unédic estimates that this measure will mean savings of between 380 and 670 million euros per year.
Source: BFM TV
