Law n° 2022-1598 of December 21, 2022 was published in the Official Journal of December 22, 2022, but most of its provisions will not be applicable before the publication of several decrees, still awaited.
More restrictive access to unemployment
If you are on a CDD (fixed-term contract) and you twice refuse a proposal for a CDI (open-ended contract) in the following 12 months (same job, or a similar job, with at least equivalent remuneration for an equivalent working time, under the same classification and without changing the place of work), you will lose your unemployment benefits. “With regard to the temporary employee, Pôle emploi will only have to verify that the positions offered were indeed aimed at occupying the same job, or a similar job, without changing the place of work”, specify the experts of SVP.
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[Mise à jour du 4/1/2023] Modulation of unemployment benefits according to the economic situation
This new law also establishes a system of “countercyclicality” in the rules governing unemployment insurance. Concretely, from February 1 (and until December 31), if the unemployment rate does not exceed 9% (it is currently 7.3%), your compensation period will be reduced by 25%.
After a trial balloon launched during the confectioners’ truce which provided for a 40% reduction in the duration of compensation if unemployment fell below 6%, on January 3 the Prime Minister announced in the morning of France Info , the abandonment of this new trigger threshold. And this, under the pressure of the unions which had not been informed beforehand, and of the left.
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Presumption of resignation in the event of abandonment of position
From now on, if you voluntarily abandon your position, you risk a lot. Indeed, if you do not return to work after being given formal notice to justify your absence and return to work within a time limit set by your employer, you are presumed to have resigned. So you will not be able to claim unemployment benefits.
Your last possible resort? Challenge the termination of your employment contract by directly entering the judgment office of the industrial tribunal. The latter will then decide on the nature of the break and its consequences. For example on severance pay and/or damages.
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Overhaul of the Validation of Acquired Experience (VAE)
Considered too complicated and unfortunately little known to employees, the VAE is finally simplified….
- With an extension of the “diplomas” accessible via a VAE. From now on, you will be able to obtain a professional certification registered with the RNCP or only a block of skills from a certification.
- With a broadening of the beneficiary public. No need to have a year of experience. The VAE is now accessible to anyone with proof of an activity directly related to the content of the certification in question.
- With an extension up to 48 hours of VAE leave. Against 24 hours before.
- With a potential new funder: Transitions Pro. A VAE can obviously always be financed by your employer, an OPCO, Pôle emploi or within the framework of your CPF.
- With support offered to the candidate as soon as the eligibility file is compiled. And more once the admissibility of the file is recorded. So a time saver.
- With the creation of a public VAE service which will be responsible for guiding you and supporting you in your steps.
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Possibility of signing a CDD to replace several employees
Not sure that this is a great social advance, but the legislator has just ratified the fact (on an experimental basis, however) that a single CDD or mission contract can be concluded to replace several employees. And this, in specific sectors of activity which will be determined by decree.
