Unemployment: since January 1, you will no longer be able to receive compensation if you refuse a permanent contract twice after a fixed-term contract

Cette nouvelle règle est entrée en vigueur le 1er janvier 2024. ILLUSTRATION MAXPPP – BOUTRIA LUC

A decree published in the Official Journal specifies that France Travail (formerly Pôle emploi) must be informed in the event of refusal by an employee on a fixed-term contract of a proposal for a permanent contract under the same working conditions. After two refusals in less than a year, the employee will not be able to benefit from unemployment compensation.

Since Monday, January 1, 2024, refusing a permanent contract (CDI) could have serious consequences. A decree published in the Official Journal presents the new rules in the event of refusal of stable employment.

Certain conditions to be respected

As reported by our colleagues from Capital, unemployment compensation could be suspended in the event of repeated refusals of unemployment compensation. stable employment for employees at the end of a fixed-term contract (CDD) or temporary assignment.

This new rule will apply to employees who refuse two permanent contracts within one year, to the extent that the employer's offer corresponds to the same job, the same place of work, the same working hours, but also to a salary at least equivalent to that received during the temporary contract.

France Work alerted

Note that the employer making a permanent offer to an employee at the end of a fixed-term contract or temporary assignment must grant him a reasonable period of time ; to decide on the proposal for an indefinite-term contract. The employer will be able to set it freely, the decree providing no details concerning this deadline.

In the event of refusal by the employee or lack of response after the deadline given by the employer, the latter will have one month to inform France Travail (the former Pôle emploi), which will then decide on the elimination (or not) of the right to unemployment benefits.

This new rule is part of the law of December 21, 2022 on emergency measures relating to the functioning of the labor market with a view to full employment, which also set in stone the end of unemployment benefits in the event of job abandonment.