Can an employee receive unemployment benefit in case of resignation?

Verified 03 novembre 2021 - Directorate for Legal and Administrative Information (Prime Minister)

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  • Following a marriage or Civil partnership
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Video - If I resign, do I qualify for unemployment benefits?

Vidéo - If I resign, do I qualify for unemployment benefits?
Credits : Public Service (DILA)

If I resign, do I qualify for unemployment benefits?

It's a common misconception!

If you resign, you cannot collect unemployment benefits right away.

There are, however, some cases where resignation may be considered lawful by Pôle emploi.

In these specific cases, you may then be entitled to return-to-work benefits immediately after resigning.

This is the case if:

- You move to follow the person you live with as a couple

- You go to training

- Your employer no longer pays you salary

- You are the victim of criminal acts at work (such as physical violence, or harassment)

- You create or take back a company

- You have a job retraining project

- You go on civic service or volunteer

- You have already been registered in Pôle emploi, but you have not exhausted all your rights to compensation

- You were laid off and then found a new job that you left within 65 days of hiring

If you're not in one of these situations, don't worry: it doesn't mean you'll never get an allowance. But you'll have to wait. After 121 days of unemployment, or about 4 months, you can ask Pôle emploi to review your file.

You follow the person with whom you married or went

Your resignation is lawful due to a marriage or the signature of a Civil partnership resulting in a move. Your new address does not allow you to keep your professional activity.

Warning  

less than 2 months must elapse between the date of marriage or Civil partnership and the date of resignation or termination of the employment contract (regardless of whether the marriage or Civil partnership is entered into before or after the resignation).

If your resignation is not considered legitimate, you cannot collect the AER.

However, after 121 days of unemployment (approximately 4 months), you can apply to Pôle emploi for a review of your situation to obtain the UIC.

A regional parity body then verifies the following 2 conditions:

  • You fill out the conditions of award of the ARE (other than the condition of involuntary deprivation of employment)
  • You provide evidence of your active job searches, possible short-term re-employment and your steps to undertake training.

If your application is accepted, the starting point for the payment of the RCA is set at 122e day of unemployment.

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