June 12, 2020
05:00
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You are dismissed in a context of unprecedented crisis. What procedures and allowances are provided for?
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The activity does not necessarily restart everywhere, nor at the same rate, especially. If some vegetate unemployed (temporary corona), for others, the chopper has already fallen or seems inevitable. What are they about to experience? What will be the impact on their income?
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Duration of notice
“In a classic situation, the dismissed worker must (or not) provide a notice, the duration of which will depend on his seniority. If he was hired before 2014, the calculation will also take into account his remuneration as of December 31, 2013 “, specifies Catherine Legardien, legal expert at Partena Professional. For example, for one whose gross annual remuneration on this date was between 32,254 and 64.508 euros, the deadline to be respected by the employer is 1 month per year of seniority started (3 months minimum).
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If the worker is dismissed with severance pay, “we will take into account prior notice calculated according to the above rules and the remuneration from worker to time of dismissal“. If at the time of notice, the worker is temporary unemployment corona, currently, its period of notice is not not suspended and therefore runs out during the period of unemployment! “A Law proposition was tabled in the House for suspend the notice period with retroactive effect to 1er March. As retroactivity is a problem for bosses, the text has been submitted to Board of state. Which suggested canceling the retroactivity. The ball is in the court of the House… “
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In the process, the PS filed a bill banning all layoffs by October 31 next. A text that the sp.a qualified with an amendment limiting the prohibition of dismissal to temporarily unemployed workers. The fate of this proposal is not yet sealed. If a worker is the victim of a collective licensing as part of the Renault law, the employer will have to follow information and consultation procedures. ” More of its unemployment benefits, the worker will be entitled to compensation due in the event of collective redundancies, payable by the employer“, adds Catherine Legardien.
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As for outplacement procedures, they in principle concern everyone, but specific measures are planned for companies undergoing restructuring “.
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Unemployment benefit amount
The calculation of allowance amount of unemployment takes into account the family situation (cohabiting with / without dependents, isolated), from last salary perceived (capped) and professional past (length of career). “At the beginning, unemployment benefit is equal to 65% of the last gross salary capped (approximately 2,750 euros).
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“The super kern of June 6 has decided to extend the freeze on the degression of allowances initially applied for the period from April 1 to June 30.”
Catherine Legardien
Legal expert (Partena Professional)
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From the 4e month, a degression will be applied: the allowance will fall to 60%. The degression will be further accentuated from the 13th month ((55% during a period which depends on the length of his career). From the 5e year, the unemployed person is only entitled to one flat rate allowance. “In view of the crisis, the super kern on June 6 has prolonged the degression freeze unemployment benefits, initially applied to the period from 1er April to June 30, “says Catherine Legardien.
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Pension
Unemployment is part of the “assimilated periods”, periods of inactivity which are taken into account for the calculation of the pension. But when you’ve been unemployed for more than 12 months, the assimilation is done on the basis of a fictitious remuneration (23.500 euros / year max.) and no longer on the basis of the last salary
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