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Attestation for Pôle emploi

Verified 08 avril 2021 - Legal and Administrative Information Directorate (Prime Minister)

The Pôle emploi certificate is a document given by the employer to the employee at the end of his employment contract. It allows him to assert his rights to unemployment benefits. It is due to the employee for any employee in CDI or CDD, whatever the reason for the break (resignation, dismissal...).

The certificate shall include the following information:

  • Employee Identity and Qualification
  • Reason for breach of employment contract
  • Duration of employment
  • Remuneration amount of the last 12 months (salaries, bonuses, allowances, balance amount of any account).

It is the employer who establishes the certificate.

It must be transmitted dematerially to Pôle emploi or via the online services or through payroll software.

This obligation is the responsibility of companies with at least 11 employees.

For an employer with a workforce of less than 11 employees, it is still possible to send the certificate by paper mail.

  Warning : from 1to June 2021, the employer must send Pôle emploi a valid certificate. Certificates from an old template will no longer be accepted by Pôle emploi.

The employer shall send a printed copy of the certificate to the employee.

In the event of a false indication (for example, a reason for breaking the contract of employment which is not correct), the employee may enter the council of prud'homme (CPH) and claim damages.

  Please note : special conditions apply to expatriate employees of return to France.

Employee in CDI or CDD

If the employee gives notice

The employer shall deliver the certificate to the employee on the date of termination of the employment contract.

For example, if the employment contract ends on November 30, the certificate must be delivered to the employee on that date.

  Please note : if the employer does not provide the employee with the Pôle emploi certificate, the employee may seize the council of prud'homme (CPH) and get damages.

If the employee is waived

The certificate for Pôle emploi must be given to the employee on the date of termination of the employment contract, even if the employee is not given advance notice.

For example, if the employment contract ends on November 30, and the employee is waived of notice on or after November 1to in October, the certificate must not be issued until 30 November.

  Please note : if the employer does not provide the employee with the Pôle emploi certificate, the employee may seize the council of prud'homme (CPH) and get damages.

Acting

The employer is not obliged to provide a Pôle emploi certificate to the employee whose mission is completed, unless the following 2 conditions are met:

  • The employment contract shall state the right of the employee to obtain these documents without delay from the date of expiry of the contract
  • The employee requests the employer to provide the certificate.

Penalty

An employer who fails to provide an unemployment insurance certificate may be fined €1,500.

The Pôle emploi certificate must be issued even when the employee resigns without being entitled to unemployment.

Time limit for appeal

In the event of a delay by the employer, the employee may refer the matter to the HPC interim.

The HPC may order the employer to deliver the certificate to the employee under treachery.

The HPC may also order the employer to pay damages to the employee because of the loss suffered (for example, unable to register in Pôle emploi and collect unemployment benefit).

Appeal procedure

The employee addresses the HPC:

  • the place where the establishment in which the employee carries out his work is situated, the place where the contract of employment was concluded or the registered office of the company employing him,
  • the place of residence, if the employee works at home or outside any establishment.

Application Filing

The application is sent to the registry of the council of prud'homme by mail (recommended or not).

It is addressed only by query, i.e. a claim made to the judge for the purpose of settling a dispute with the employer.

Who shall I contact

The application must include the following:

  • Contact details of the applicant (name, first name, address...)
  • Contact Information defendant (against whom the request is made)
  • Application Subject
  • Summary statement of the reasons for the application, which lists all of the applicant's claims (amounts claimed)

In order to complete the application, the employee must complete the application form for referral to the council of prud'homme.

Application for referral to the Council of Prud'homme (CPH) by an employee

Cerfa n° 15586*08 - Ministry of Justice

A copy of the application shall be sent to the counsel of prud'homme, to which shall be added an equivalent number of copies as defendants.

Cost

Referral to the council of prud'homme is free.