2) New scales of sanctions in case of non-compliance by the unemployed worker (Decree of December 28th, 2018).
2.1) Cancellation and removal of replacement income (revenue de remplacement)
2.1.1) Unchanged reasons for deletion (radiation) from Pôle Emploi
The 8 grounds for cancellation of the unemployed worker remain unchanged.
Radiation can occur for several reasons:
- The unemployed worker cannot justify the performance of positive and repeated acts with a view to finding a job, creating, taking over or developing a business;
- The job-seeker without legitimate reason, refuses twice a reasonable offer of employment;
- The job seeker without legitimate reason: Refuses to develop or update the personalized project of access to employment;
* Is absent from a training action or abandons it;
- Is absent at an appointment with the public employment services;
- Refuses to undergo a medical examination to check its fitness for work or certain types of employment;
- Refuses to follow or abandons an action of help to the search for a professional activity;
- Cannot justify the reality of the steps mentioned in II of Article L. 5426-1-2 French labour code (L. 5412-1 French labour code).
2.1.2) Tougher penalties for breaches of the unemployed worker 's obligations.
Before the Decree of December 28th, 2018, in case of breach of one of these obligations, the unemployed worker was deprived of a percentage of its replacement income (reduction of the amount of 20% for the first breach, 50% for the second).
From now on the sanction is the pure and simple suppression of the income.
The revision of the scale of the sanctions is determined according to the nature of the deficiencies and their repetitions.
This new sanction grid is defined in Article R. 5426-3 labour code.
To read all the Article, please click on the link below
Decree n° 2018-1335 of December 28th, 2018 on the rights and obligations of job-seekers and the transfer of the follow-up of the job search.
Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)
Membre du Conseil de l’ordre des avocats de Paris
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