on The 1st of November, the new rules of unemployment insurance are in force, and in particular the phased reduction of allowances. You can still make it through.

The fateful date approaches. On Friday the 1st of November, the new regulation Unedic takes the service. Among the changes, the much-feared gradual reduction of the allowances. What is the principle ? At the end of six months of compensation, any applicant for employment who touched, before losing his employment, a salary of at least 4500 euros gross monthly (thirteenth month included) will see its allocation slashed by 30%. A sacred shortfall for executives who are struggling to find a job. The only way to escape it ? Be aged at least 57 years old at the time of the termination of his contract of employment…

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to be Announced before the summer, the measures concern all those who, willingly or unwillingly, have committed these past few months of negotiations to exit their business. “It is perfectly present in the mind of the executives that I attend. They all posed the question of whether they have interest or not to accelerate the discussion, in order to escape the possible degressivity”, attests to Francis Denel, a partner at DBC Lawyers. “The executives who solicit me worry about all of the new regulations Unedic). And many are lost to both the rules and their entry into force”, abounds Sandra Lévy-Regnault, a lawyer at the bar of Nantes.

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special cases

This is not, far from it, the first time the rules change. In 2014, for example, the new convention had introduced a deferred compensation, 180 days to the unemployed, starting with a big cheque. At the time, already, the executives were worried about the precise date of entry into application of the measure. The questions that bubble to the surface. With this nagging question, in all the heads of those on the departure : “will I depend on the old convention Unedic, or the new one ?”

The answer is not so simple. That said the new regulations ? “The provisions (…) of this order are applicable to the workers deprived of employment in which the termination occurred effective November 1, 2019.” A priori, if you finish your notice on 30 October ? You stay in the old convention. You are leaving the 1st of November ? You depend on the new… but not necessarily ! Because the decree provides for specific cases. Thus, if you quit your job in a layoff (and not a rupture conventionnelle), this is not the end date of the contract that counts, but the one at the beginning of the procedure. Namely the date of the preliminary interview.

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Of these rules, we can conclude that if you negotiate your departure in the context of a contractual termination, it is already too late. Because once the agreement is signed, it is necessary to respect a withdrawal period of 15 calendar days ; and submit the text to the directors, who then has 15 working days to approve. “In the rules of the art, between the signing of the convention and the departure of the company, it takes a good month,” says the lawyer of toulouse Veronica Frexeida. Of what to let pass the deadline of 31 October.

Except that many are doing to reduce this period of supposedly incompressible. “If both parties agree, they may predate the convention and sauté the withdrawal period”, blows of a practitioner of the law. This gives latecomers a few days yet to conclude their negotiations. Has the image of Pascal, framework HR in a bank, currently off work. “I cross my fingers for it to pass. I have instructed my lawyer to do the necessary”, says this fifty-year old who no longer supports his work.

“The worst month of the year for the employees who want to negotiate”

the executives negotiate their departure in the context of a contractual termination or dismissal process, they are hardly in a position of strength. Because the clock is playing against them. “The more the fateful date approaches, the more the employee is in a position of weakness. If he wants to leave quickly, he has no interest in having the claims to be excessive,” says Francis Denel. “This month of October is the worst month of the year for the employees who want to negotiate”, abounds Sandra Lévy-Regnault. The most vulnerable ? Executives from 53 to 57 years, who know they are hardly employable. With the current convention Unedic, they are entitled to 36 months of benefits, without any tapering off. Against six months at 100%, and then 30 months 70% in the future unemployment insurance scheme. For them, the calculation is quickly made.

Should we negotiate at all costs ? Especially not. “When the amounts involved are low, one may have interest to speed up the procedure. But otherwise, put themselves in a position of weakness has financially no sense”, warns Laurent Moreuil, partner at Patchwork Lawyers. Because there is nothing to say that you will be subjected to the degression. In the worst-case scenario, between the notice, any deferred compensation and the first six months of 100% allocations, a framework subscribing to the unemployment insurance November 1, should not suffer the gradual decrease before the summer of 2020. Amply sufficient, in many cases, to find a job on a labour market of addition holder.

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After 1 November, any hope of benefit coverage of unemployment insurance to the correct level is not lost. Because it is from that date that applies a new rule to kick favourable to workers : the support by the regime national association of employees who have resigned. An option offered to those who, with at least five years of seniority in their company, have a real professional project. A nice step forward, even when they would apply, at the end of six months, the degression on their unemployment benefits…