In its annual report, released march 12, the mediator of Pôle emploi underlines the difficulties of the officers in the face of the complexity of the regulation.

The agents of Pôle emploi are not infallible: they sometimes say the wrong things to the users, is concerned about the report, 2018 of the ombudsman of the public operator, published on 12 march. Of course, these errors are not voluntary: “The facts are always the same. Information given to the 3949 [the number simplified of Pole Employment, editor’s note], or by a counselor, which proves to be erroneous, as much of the opinion that advisors surveyed.”

in The end, the job seeker ends up in a dead end and turns to the services of the mediator, including the number of referrals has increased from 3.6% in 2018. In total, they have received 31 605 applications. 35% wear on the right to compensation, 19% on the too-perceived, the problem is recurring, and 11% on the calculation of the compensation. “This increase reflects in part the difficulty to understand and apply ever more complex regulation,” says the report.

“Issue a reliable information is a daily challenge”

To the national ombudsman, Jean-Louis Walter, it is not a matter of “powers of agents” but “complexity of rules”. “Users get lost and the advisers also, he laments. The rules are multiple, overlapping and ever-changing. Issue reliable information in these conditions is a daily challenge.”

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The payment of Aid to the recovery and to the creation of a company (ARCE) or the calculation of the daily wage of reference (SJR), multiple short-term contracts or the application for a review of the express, when the job seeker has the jobs and loses one of them, constitute grounds for misunderstanding and conflict. The ombudsman considers it essential to give more information to users “as soon as they register in their “personal space”.

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To illustrate his point, he cites the example of the certificate of the employer, whose it has long been regarded, wrongly, that it was necessary to register on the website of Pole emploi. The welcome booklet 2018 continues to make reference to it, that regrets the mediator: this certificate is not required. “This illustrates the difficulty of institutions to assimilate the rules they apply and to co-ordinate in-house (…) once released, the error continues to walk, uncontrollable. And of the complaints received by the ombudsman continue to report refusal of registration opposite in the agency because of the absence of a certificate from the employer.” The report recommends to “update the communication of Pôle emploi” more quickly.

The ambiguity of the resignation

Another confusion related to the ambiguity of the rules : the case of the resignation, which “continues to cause tragedies,” the report says. “Far too many people grab [20 regional ombudsmen] to explain that they are populated at the reception of their agency, by phone or by email, before you resign or terminate their trial period and that they were assured that they would not have problems : ‘Your rights will be taken’. Then comes the refusal of compensation for voluntary departure”, stresses the document.

The right to compensation in case of resignation depends on the circumstances. He must have left his post for “legitimate reasons”, like the fact of following her spouse abroad, or in the event of non-payment of wages by the employer for a compensation.

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The changes made by the act future professional of September 5, 2018 doesn’t make things more readable. The government has communicated widely on an extension of this law to January 1, 2019, but it is still not in force, the decrees have not been published. The failure of the negotiations on unemployment insurance and the taken in hand by the government do not help. In the meantime, the conflicting information continues to circulate, only simplifying the work of teams of Pôle emploi.