Can a public official receive unemployment benefit if he resigns?
Verified 15 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
In principle, you have not entitled to unemployment benefit (Return to Work Allowance - ARE) when you resign.
However, in 3 subsequent cases, you can to receive unemployment benefits :
- Pole emploi grants you the ARE after reviewing your situation
- You have a balance of rights at the ARE
- Your resignation is considered legitimate
You can request a review of your situation 121 days (4 months) after your removal from the management or workforce by your employer administration.
This request for review should be submitted to the Regional Joint Unit (RJU) of your Pôle emploi Regional Directorate.
The letter informing you that you are not entitled to the AER following your resignation informs you of this possibility to apply to the regional joint body and tells you how to apply.
You must provide the regional joint body with evidence of your active job searches, any short-term re-employment and your steps to undertake training.
If the regional joint authority grants you the ARE, the starting point for the resumption of your rights to the ARE is set at 122e the day following your removal from the management or workforce by your employer authority.
You receive a balance of EI benefits if you were hired into the public service while you were in the process of receiving unemployment insurance.
Your employment suspended your compensation even though you had not exhausted all your rights to the RWB.
In this case, you can benefit from the balance of your rights if you one of them the following conditions:
- In your last public service job, you worked less than 65 days or less than 455 hours
- Your last public service job lasted less than 6 working days
- Your last public service job was less than 17 hours a week
- You have enough outstanding EI benefits to qualify for unemployment benefits until you have the number of quarters of pension insurance required to qualify for a full rate pension up to age 67
Your resignation is considered legitimate if it is justified on one of the following grounds:
Répondez aux questions successives et les réponses s’afficheront automatiquement
You're following your spouse as he changes jobs
Your resignation is considered legitimate and you are entitled to the ARE if you resign to follow your spouse who changes his place of residence in order to take up new employment (employed or not).
The new job may be filled following a transfer to a company or as a result of a change of employer decided by your spouse.
The new job may also be the entry into a new company if your spouse was previously unemployed.
In order to claim this legitimate reason for resignation and to be entitled to the ARE, you must register with the Pôle emploi agency of your new place of residence, and not the one of your previous residence.
Reminder
if you are a public servant, you can ask for a availability and if you're a contract worker, a leave, to follow your spouse if you are married or past. If you live in a common-law relationship, as a public servant, you can do mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.
You resign as a result of your marriage or Civil partnership
Your resignation is considered lawful and you are entitled to the ARE if you resign as a result of your marriage or Civil partnership resulting in a change of residence.
For your resignation to be considered lawful, less than 2 months must elapse between the date of your resignation and the date of your marriage or Civil partnership. It doesn't matter whether your marriage or Civil partnership is concluded before or after you resign.
Reminder
if you are a public servant, you can make a mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.
You follow your disabled child admitted to a reception facility
Your resignation is considered legitimate and you are entitled to the ARE if you resign to follow your disabled child admitted to a reception facility whose removal results in your change of residence.
Reminder
if you are a public servant, you can make a mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.
You have created or resumed a company
Your resignation is considered to be lawful and you are entitled to the ARE if you have resigned to set up or take over a company and you apply for unemployment benefit following the cessation of your company's activity for reasons beyond your control.
You must have completed all the formalities required by law to advertise your company.
Reminder
if you are a public servant, you can ask for a availability, or if you are a contractual person, a leave, for company creation or takeover. You can also request a part-time for company creation or recovery.
You are a victim of domestic violence
Your resignation is considered legitimate and you are entitled to the ARE if you resign because you change your residence because of domestic violence for which you have filed a complaint.
The receipt of the complaint must be attached to the application for the allowance.
Reminder
As a public official, you can benefit from the functional protection.
And if you're a public servant, you can do mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.
You're a victim of a crime
Your resignation is considered legitimate and you are entitled to the ARE if you resign because you are the victim, in the course of your work, of an act likely to be criminal (physical violence, harassment, etc.) for which you have filed a complaint.
The receipt of the complaint must be attached to the application for the allowance.
Reminder
As a public official, you can benefit from the functional protection.
And if you're a public servant, you can do mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.
You resign after less than 66 days of work
Your resignation is considered legitimate and you are entitled to the ARE if you meet the following conditions:
- You have been hired in the public service after a termination of employment, termination of a contract or termination of employment (in the private sector)
- You have not registered as a job seeker as a result of this dismissal, this contractual break, the end of your fixed-term contract or the termination of your contract of employment by mutual agreement
- You resign from the Public Service during or at the end of a period of up to 65 working days following your date of employment
You're going to perform a civic service
Your resignation is considered legitimate and you are entitled to the ARE if you resign in order to enter into a civic service.
If you enter into an international solidarity volunteering contract, your resignation is considered legitimate if the volunteering contract is concluded for one or more volunteering missions of at least one year continuous duration.
If your mission is interrupted before the end of the minimum period of service originally laid down and specific to each form of civic service, the legitimacy of your resignation is not called into question.
You are a protected adult and resign to follow your parent
Your resignation is considered legitimate and you are entitled to the ARE if you are of age, placed under legal, guardianship or guardianship and if you resign to follow your parent designated as a special representative, guardian or guardian.
Reminder
if you are a public servant, you can make a mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.
You are a minor and resign to follow your parents
Your resignation is considered legitimate and you are entitled to the ARE if you are under the age of 18 and you resign to follow your ascendants or the person exercising theparental authority.
Reminder
if you are a public servant, you can make a mobility by change, detachment, making available. If you are contracted in DTA: titleContent, you can perform mobility by making available or request a mobility leave.