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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  • You quit to start a company.
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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.

To be eligible for the ARE in the event of a resignation for the creation or takeover of a company, you must complete 3 cumulative conditions : 

  • You quit your job to start or take over a company that needs to be registered in the Trade and businesses Register (RCS)
  • You did not receive the WAGE after your employment ended
  • The company activity you have initiated or resumed ceases for reasons beyond your control

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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