Unfair or null dismissal: Should the employer or employee repay unemployment benefits?
Verified 16 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
When the labor court judges the dismissal without real and serious cause (also called abusive) or looseHowever, the employer may, in certain situations, be obliged to reimburse the unemployment benefits received by the employee after his dismissal.
In what situations can the employer be ordered to repay unemployment benefits? Can an employee be ordered to repay the unemployment benefits he has received?
We're doing an update on the regulations.
The regulations vary according to the length of service of the employee in the company and the number of employees in the company.
Less than 11 employees
The regulations also vary depending on whether the dismissal is judged without real and serious cause or loose.
No. The employer must not repay the sums paid to the employee in respect of unemployment benefits.
No, no, no. The employee must not repay the unemployment benefits he received.
Yes. The employer must reimburse Pôle emploi for all or part of the unemployment benefits paid to the employees when the dismissal was declared null and void in the following situations:
- Dismissal for one discriminatory ground (for example, an employee who is laid off as a result of the exercise of his right to strike)
- Dismissal of the employee following his legal action on compliance with the principle of non-discrimination
- Dismissal following his legal action on compliance with the principle of occupational equality between women and men
- Dismissal of the employee who is the victim of psychological harassment or having recounted or testified about such acts
- Dismissal of the employee who is the victim of sexual harassment or having recounted or testified about such acts
The employer must reimburse the unemployment benefits paid to the employee from the day of the dismissal until the date of the judgment declaring the dismissal void.
Reimbursement shall, however, be limited to 6 months allocation.
Yes. Depending on whether the employee has protected employee against dismissal (e.g. former member elected to the ESC: titleContent, employee's advisor, labor counsellor) or not, he may be required to repay the unemployment benefits he has received.
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The employee is protected against dismissal
Yes. The protected employee must repay the unemployment benefit he has received if all the following conditions are met :
- Dismissal declared void due to the absence of a labor inspectorate authorization
- Reinstatement of the employee in the company
- Employer's Conviction to pay the employee a sum corresponding to the wages he should have received between his dismissal and his reintegration
The employee has no protection against dismissal
No. The employee does not have to pay back the unemployment benefits he received.
11 or more employees
The regulations also vary depending on whether the dismissal is judged without real and serious cause or loose.
Based on seniority of the employee, the judge may order the employer to reimburse the unemployment benefits received by the employee after his dismissal:
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Employee with less than 2 years of seniority
No. The employer must not repay the sums paid to the employee in respect of unemployment benefits.
Employee with 2 years or more of seniority
Yes. The judge and Pôle emploi may order reimbursement by the employer the sums paid to the employee in respect of unemployment benefits on the day of his dismissal on the day of the judgment.
FYI
the amount of the refund shall be fixed by the court. He is limited to 6 months unemployment benefit.
No. The employee must not repay the unemployment benefits he received.
Yes. The employer must reimburse Pôle emploi for all or part of the unemployment benefits paid to the employees when the dismissal was declared null and void in the following situations:
- Dismissal for one discriminatory ground (for example, an employee who is laid off as a result of the exercise of his right to strike)
- Dismissal of the employee following his legal action on compliance with the principle of non-discrimination
- Dismissal following his legal action on compliance with the principle of occupational equality between women and men
- Dismissal of the employee who is the victim of psychological harassment or having recounted or testified about such acts
- Dismissal of the employee who is the victim of sexual harassment or having recounted or testified about such acts
- Dismissal pronounced in the absence of a decision to validate or approve the job protection plan or sound cancelation for insufficiency of the plan for safeguarding jobs in a company employing at least 50 employees.
The employer must reimburse the unemployment benefits paid to the employee from the day of the dismissal until the date of the judgment declaring the dismissal void.
Reimbursement shall, however, be limited to 6 months allocation.
Yes. Depending on whether he has the status of protected employee against dismissal (e.g. elected member of the ESC: titleContent, shop steward) or not, the employee may be required to repay the unemployment benefit he has received:
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employee is protected against dismissal
Yes. The protected employee must repay the unemployment benefit he has received if all the following conditions are met :
- Dismissal declared void due to the absence of a labor inspectorate authorization
- Reinstatement of the employee in the company
- Employer's Conviction to pay the employee a sum corresponding to the wages he should have received between his dismissal and his reintegration
The employee has no protection against dismissal
No. The employee does not have to pay back the unemployment benefits he received.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Challenges and penalties for irregularities in dismissal