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Can an employee receive unemployment benefit in the event of resignation?
Verified 01 November 2019 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
In principle, you do not receive the Return to Work Allowance (RTA) if you resign. However, in certain specific cases, your resignation may be considered legitimate by the Pole emploi. It then opens the right to the ARE under the usual conditions. If your resignation cannot be considered legitimate, you may request a further review of your case. You can optionally benefit from a remnant of rights to the ARE.
What applies to you ?
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To track the person you live with as a couple
Your resignation is legitimate if you follow the person you live with as a couple who moves for professional reasons (employed or not).
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
After a wedding or a pacs
Your resignation is legitimate because of a marriage or the signing of a Pacs that results in a move. Your new address does not allow you to keep your business.
Warning
less than 2 months must elapse between the date of the marriage or of the Covenant and the date of the resignation or termination of the employment contract (whether the marriage or the Covenant is concluded before or after the resignation).
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
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 business.
FYI
you must have filed a complaint on this ground (receipt of a complaint to be attached to the application).
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
Disabled child placed in a remote facility
Your resignation is legitimate if your move is motivated by the placement of your disabled child in a remote care facility. Your new address does not allow you to keep your business.
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
To follow your parents (if you are a minor)
Your resignation is legitimate if you are under the age of 18 and follow your parents (or the person exercising parental authority) who are moving. The resignation must be motivated by the move.
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
To follow your curator or guardian (if you are a minor)
Your resignation is legitimate if you are under the age of 18, placed under curatelle or guardianship, and you follow your proxy parent, designated curator or guardian, moves. Your new address does not allow you to keep your business.
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
You break the contract of employment
Your resignation is legitimate if you meet the following 2 conditions:
- You have been terminated (termination) staff or economic, conventional break or end of CDD: titleContent) and you did not register as applicant for employment
- You have resumed a salary activity that you voluntarily terminated less than 65working days after the hiring date.
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
Employer breaks CDI
If the employer breaks your CDI: titleContent You have resigned from your previous position for this new position and are entitled to the WFA under the following conditions:
- your new employer terminates the CDI before the expiry of a 65 working days after the date of hiring,
- and you worked continuously 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 ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
Your resignation is legitimate if it is justified by entering a qualifying formation after resigning:
- an assisted contract (CUI or old contract),
- or CDDI..
You must have 3 years of continuous unemployment insurance coverage.
Before leaving your job, you must follow the free and personalized support system of Professional Development Consulting (CEP)..
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 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 board of prud'homme condemning your employer to pay the sums due).
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 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 show cause for filing a complaint on one of these grounds (a complaint receipt to be attached to the application).
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
To be eligible for the ARE in the event of a resignation for creation or takeover of a business, you must complete 3 specific conditions ::
- You leave your job to start or resume a business that must be registered at business and company register (CSR)
- You did not receive the AER after your paid employment ended
- Your company's business ceases for reasons beyond your control
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
In order to qualify for the ARE in the event of a resignation for a job conversion project, you must complete 3 specific conditions ::
- You must resign from a CDI: titleContentafter 31 October 2019
- You have worked continuously for 5 years (or 1,300 working days) with one or more employers within the 60 months preceding your termination of employment
- You are pursuing a real and serious job conversion project that requires training or a business creation project
Before leaving your job, you must follow the free and personalized support system of Professional Development Consulting (CEP)..
Warning
if your application for a PEC is made after the termination of the employment contract, the project will not be admissible and you will not be eligible for unemployment benefit.
Your professional project must be validated by a regional interprofessional joint commission (CPIR)
You must register as a job applicant in the 6 months that follow the validation of your project.
Pôle emploi verifies that you have successfully completed the steps planned and included in your conversion project.
If this is the case, you are compensated as any job seeker, during and after the project implementation period.
Please note
public service employees and contractors are not eligible for the scheme.
Your resignation is legitimate if it is justified by the conclusion of one of the following contracts:
- Civil service contract
- Contracts international solidarity volunteer or voluntary associationwith a continuous minimum duration of one year
You benefit from the ARE, including if the mission is interrupted before the expiry of the minimum duration of the contract.
If your resignation is not considered legitimate, you cannot collect the ARE.
However, after 121 days of unemployment (about 4 months), you can ask Pôle emploi to review your situation in order to obtain the AER.
A regional joint body will then verify the following 2 conditions:
- You fill out conditions of award (other than involuntary deprivation of employment)
- You bring evidence of your active job search, your possible short-term job replacements and your efforts to undertake training.
If your application is accepted, the starting point for the payment of the ARE is 122e day of unemployment.
If you have not exhausted all your rights to the ARE during a previous registration as a jobseeker, you can benefit from a resumption of your rights even in the event of resignation, subject to conditions.
Your resignation is considered involuntary by Pôle emploi if you justify having worked less than 65 days (or 455 hours). In this case, you can collect your remaining fees from the AER.
If you have worked more than 65 days (or more than 455 hours), you will be entitled to the remainder of your WES entitlement if your last employment lasted less than 6 days or less than 17 hours per week.
- Labor Code: Articles L5422-1 to L5422-2-1Conditions for granting unemployment benefit
- Labor Code: Article L5426-1-2Special provisions applicable to beneficiaries of insurance allowance following resignation
- Labor Code: items R5422-1 to R5422-2-3Professional conversion project
- Convention 2017 and implementing agreements on unemployment compensationImplementing agreements 12-1 (review of rights) and 14 (legitimate resignation)
- Order of 25 June 2014 approving the Convention of 14 May 2014 on unemployment compensation and the related textsArticle 26 of the annexed General Regulation (remainder of rights)
- Decree No. 2019-797 of 26 July 2019 on the unemployment insurance schemeLegitimate resignation
- Retraining and unemployment benefitsEmployment center
- Prepare your job retraining project well before resigningMinistry of Labor