Can a public official receive unemployment benefit in the event of resignation?

If your unemployment is prolonged against your will, you can request a review of your situation at France Travail to be able to benefit from unemployment benefit.

You can request this review provided you have resigned for at least 121 days (4 months).

This 121-day period is counted from the date of your removal from the executive ranks, if you were a public servant, or your removal from the ranks, if you were a contractor.

The period of 121 days shall be extended by periods compensated by daily social security allowances of at least 21 consecutive days.

You must meet the following conditions :

• Be registered as a jobseeker
• To be in effective and permanent search of a job or to benefit from support for social integration or to complete either a training included in your employment contract and job search, or a training not included in your employment contract and job search but financed, in whole or in part, through your personal training account (CPF)
• Not meeting the conditions to benefit from a full rate pension
• Be physically fit to work
• Reside on the metropolitan territory, in Guadeloupe, French Guiana, Martinique, Reunion, Saint-Barthélemy, Saint-Martin or Saint-Pierre-et-Miquelon
• If you are pursuing a professional project whose real and serious character is attested by the regional interprofessional joint committee, justify at least 1,300 working days during the 60 months preceding your removal from the management or staff and justify the continuation of a professional retraining project requiring the follow-up of a training or a project to create or take over a company of real and serious character attested by the regional interprofessional joint committee.

The request for review must be submitted to the interprofessional joint committee of your regional directorate France Travail.

The letter informing you that you were not entitled to the WFAA following your resignation contains information on the possibility of referring the matter to the regional inter-branch joint committee and indicates how to do so.

In support of your request for a review of your situation, you must provide the regional inter-professional joint committee with evidence of your active job search, any short-term re-employment and your efforts to undertake training.

If you are granted the WFAA by the Regional Interbranch Joint Committee, the starting point for your WFAA entitlements is set to 122^e day after your radiation managers or staff by your former employer administration.

You are entitled to a balance of WFAA entitlements if you were hired in the public service while you were on unemployment insurance.

Your hiring suspended your compensation, but you hadn't exhausted all your WFAA entitlements.

In this case, you can benefit, following your resignation, from the remainder of your entitlements to the ARE if the time elapsed since the date of admission to the compensation period concerned is not greater than the duration of this period increased by 3 years.

You must also fill in one of the conditions following:

• In your last public service job, you worked less than 88 days (4 months) or less than 610 hours
• Or your last job in the public service lasted less than 6 working days
• Or your last job in the public service was less than 17 hours a week
• Or you have enough remaining EI entitlements to qualify for unemployment benefits until you have the number of quarters of pension insurance required to qualify for a full rate pension and up to 67 years of age.

You must also meet the following conditions :

• Be registered as a jobseeker
• To be in effective and permanent search of a job or to benefit from support for social integration or to complete either a training included in your employment contract and job search, or a training not included in your employment contract and job search but financed, in whole or in part, through your personal training account (CPF)
• Not meeting the conditions to benefit from a full rate pension
• Be physically fit to work
• Reside on the metropolitan territory, in Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy, Saint-Martin or Saint-Pierre-et-Miquelon.

Rather than benefit from the remainder of your entitlements, you can choose to apply for new entitlements to the WFAA, especially if the remuneration of your last job may entitle you to a higher amount of allowance.

To do this, you must justify periods of employment of a duration:

• At least 130 days worked or 910 hours worked during the 24 months prior to your removal from management or staff if you under 55 on the date of your cancelation
• Or at least 130 days worked or 910 hours worked during the 36 months prior to your removal from management or staff if you 55 years of age or older on the date of your cancelation.

And the following condition must also be met:

• The amount of the daily allowance to which you are entitled as part of your outstanding entitlements is less than or equal to €20
• Or the total amount of allowances that may be granted to you in connection with the opening of new rights shall be at least higher 30% the total amount of allowances to which you are entitled as part of your outstanding entitlements.

France travail informs you if you meet the conditions to apply for the opening of new rights.

If you wish to request it, you must do so in writing within 21 days of receiving the information from France Travail.

Your choice is final.

If you request the opening of new rights, your remaining rights are permanently lost.

Your resignation is considered legitimate and you are entitled to the WFAA if you following conditions :