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Can an employee receive unemployment benefit in case of resignation?
Verified 03 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
In principle, you do not receive the Return to Employment Benefit (RWA) if you resign. However, in certain specific cases, your resignation may be considered legitimate by Pôle emploi. She then qualifies for the ARE under the usual conditions. If your resignation cannot be considered legitimate, you may request a further review of your case. You may be entitled to a balance of rights to the RARE.
What applies to you ?
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Video - If I resign, do I qualify for unemployment benefits?
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.
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You follow the person you live with as a couple
Your resignation is legitimate if you follow the person you live with as a couple who move for a professional purpose (whether or not employed).
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.
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.
You are a victim of domestic violence
Your resignation is legitimate if your move is justified by domestic violence.
Your new address does not allow you to keep your professional activity.
FYI
you must have filed a complaint for this reason (receipt of complaint to be attached to the application).
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.
Your disabled child is placed in a remote facility
Your resignation is legitimate if your move is motivated by the placement of your disabled child in a remote reception facility.
Your new address does not allow you to keep your professional activity.
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.
You follow your parents (if you are a minor)
Your resignation is legitimate if you are under the age of 18 and you are following your parents (or the person exercising parental authority) who are moving.
The resignation must then be motivated by the move.
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.
You follow your guardian (if you are a minor)
Your resignation is legitimate if you are under the age of 18, placed under trusteeship or guardianship, and you are following your parent agent, designated guardian or trustee, moves.
Your new address does not allow you to keep your professional activity.
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.
You're breaking your DTA
Your resignation is legitimate if you meet the following 2 conditions:
- You have been fired (fired) staff or economic, conventional break or end of CSD: titleContent) and you have not registered as jobseeker
- You have resumed a wage activity (DTA: titleContent) that you voluntarily terminated less than 65 working days after the date of employment
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.
Employer breaks CDI
If the employer breaks your DTA: titleContent you have resigned from your previous position for this new position and are entitled to the RCA under the following conditions:
- Your new employer terminates the CDI before the expiry of a 65 working days according to the date of hiring
- And you worked without interruption for at least 3 years (regardless of the number of employers) before your 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.
Your resignation is legitimate if it is justified by the entry into a qualifying training after having resigned:
- A contract with assistance (CUI or old contract)
- Or a CDDI
You must then prove three years of continuous membership of the unemployment insurance scheme.
Before leaving your job, you must first follow the free and personalized support system of the professional development consultancy (CEP).
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.
If your employer does not pay you all or part of your salary, your resignation is legitimate as long as you justify this situation (interim order of the prud'homme council ordering your employer to pay the sums due).
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.
Your resignation is legitimate if you are the victim of criminal acts in the course of your work (physical violence, harassment...).
FYI
you must then justify having filed a complaint for one of these reasons (receipt of complaint to be attached to the application).
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.
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.
In order to be eligible for the ARE in the event of a resignation for a retraining project, you must complete 4 cumulative conditions :
- You must resign from a DTA: titleContent after 31 october 2019
- You have been employed continuously for 5 years (1,300 days worked) by one or more employers in the 60 months preceding your termination of the employment contract
- You are pursuing a real and serious professional retraining project requiring the follow-up of a training or a company creation project
- Your request for a CEP must be made before the termination of the employment contract. Otherwise, the project will not be eligible and you will not be able to benefit from the unemployment benefit
Before leaving your job, you must first follow the free and personalized support system of the professional development consultancy (CEP).
Your professional project must be validated by a regional inter-professional joint committee (RIJC)
You must register as a job seeker in the 6 months that follow the validation of your project.
Pôle emploi verifies that you have carried out the planned steps and included in your conversion project.
If this is the case, you are compensated like any job seeker, during and after the project implementation period.
Please note
permanent civil servants and public service contractors are not eligible for the scheme.
Your resignation is legitimate if it is justified by the conclusion of one of the following contracts:
- Civic service contract
- Contracts of international solidarity volunteering or voluntary association, of a continuous duration of at least one year
You are entitled to the ARE even if the mission is interrupted before the end of the minimum period of engagement provided for in the contract.
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.
If you have not exhausted all your rights to the ARE during a previous registration as a job seeker, you can benefit from a balance of duties.
The remaining rights consist of a return of your rights even in the event of resignation, subject to conditions.
Your resignation is considered involuntary by Pôle emploi if you justify working less than 65 days (or 455 hours).
In this case, you can collect your remaining amount of RARE fees.
If you worked more than 65 days (or more than 455 hours), you can receive the balance of your EI entitlement if your last job lasted less than 6 days.
You can also benefit from the balance if your last job lasted less than 17 hours per week.
- Labor Code: Articles L5422-1 to L5422-2-1Conditions for the award of unemployment benefit
- Labor Code: Article L5426-1-2Special provisions applicable to beneficiaries of the insurance allowance following resignation
- Labor Code: Articles R5422-1 to R5422-2-3Vocational retraining project
- 2017 Convention and Implementing Agreements on Unemployment CompensationImplementing Agreements No. 12-§1 (review of rights) and No. 14 (legitimate resignation)
- Decree No. 2019-797 of 26 July 2019 on the unemployment insurance schemeArticle 26 of the annexed General Regulation (balance of duties)
- Decree No. 2019-797 of 26 July 2019 on the unemployment insurance schemeLegitimate resignation
- Retraining and unemployment benefitsPôle emploi
- Preparing your retraining plan well before you resignMinistry of Labor