The appeal on the merits of the unions against the new calculation of unemployment benefit, which entered into force on October 1, was rejected on Wednesday by the Council of State, removing the last obstacle to the application of a major social reform of the five-year term.
"There is no need to rule on the conclusions of the requests directed against the provisions of the decree of March 30, 2021", which changed the calculation of the allowance, concludes the Council of State in its decision, published Wednesday.
Union "criticisms" rejected
"With this rejection, we can consider that the litigation on the reform is closed", declared the lawyer of the CGT, Me Antoine Lyon-Caen. "There will still be a substantive hearing on the date of entry (into force, October 1, subject of another decree) but it will be purely formal," he assured. The judges followed the opinion of the public rapporteur Marie Sirinelli who had rejected during the hearing of November 15 the various "criticisms" of the unions.
At the heart of the dispute, the new method of calculating the daily reference wage (SJR), the basis of unemployment benefit, which will penalize the compensation of job seekers alternating periods of work and inactivity.
The Council of State notes in particular that the difference in treatment of benefit recipients "depending on whether they had a period of continuous or discontinuous employment during the reference period, is not manifestly disproportionate".
Hundreds of thousands of job seekers affected
According to Unédic, several hundred thousand applicants opening rights in the year following the application of the reform will receive a lower monthly allowance (by 17% on average).
But for judges, these differences in treatment noted by Unédic "benefit people whose periods of employment are the closest" and are not "manifestly disproportionate".
The rest of the contested reform has also been applied since December 1.
It is now necessary to have worked six months instead of four to benefit from unemployment benefit.
The 30% degression (for unemployed under 57 years of age who have lost more than 4,500 euros gross) applies to the 7th month and no longer to the 9th.
Economy
Unemployment: Sharp drop in the number of people registered with Pôle Emploi in category A in October
Economy
Unemployment insurance: Unédic plans a return to green accounts from 2022
Board of state
Reform
Unemployment
Unemployment insurance
0 comment
0 share
Share on Messenger
Share on Facebook
Share on twitter
Share on Flipboard
Share on Pinterest
Share on Linkedin
Send by Mail
To safeguard
A fault ?
To print