Unemployment and wage portage: know everything
In the event of a breach or end of contract with the wage portage company, a wage portage consultant may also find themselves unemployed. But rest assured, a carried employee remains an employee all the same, and as such, he benefits from the same social advantages. Discover all of the remuneration related to wage portage.
Thus, in addition to paid leave or retirement pension, a consultant in wage portage is also entitled to unemployment compensation. So, what are the conditions for receiving unemployment as a carried employee? Are you entitled to assistance in returning to work and can you combine unemployment benefits in wage portage? We invite you to discover the answers to all these questions throughout this article.
What are the conditions for entitlement to unemployment benefits in wage portage?
As stipulated in Ordinance No. 2015-380 of April 2, 2015 relating to the wage portage, any employee is entitled to unemployment insurance in the event of cessation of activity. However, some conditions must be respected by the employee in wage portage to be able to enjoy his unemployment benefits.
Have an employment contract with the portage company
To be able to receive unemployment, the employee carried must have signed a employment contract such as ** a CDI or a CDD with a specialized agency in wage portage**. To verify this condition relating to the employment contract, the employer certificate specific to the portage is essential. The existence of an employment contract, and in particular a relationship of subordination will then be required by Pôle Emploi when applying for unemployment benefits.
Respect the minimum number of working days
Failure to comply with the minimum number of working days deprives you of your unemployment rights and the payment of assistance to the ARE. So the consultant under the age of 50 must total at least 88 days of work (4 cumulative months) or 610 hours during the 28 months preceding the end of the mission or the breach of contract. This duration extends to 36 months for employees aged over 53. Note that in fixed-term contracts, portage missions cannot exceed 18 months, and this even with renewal.
Have an up-to-date URSSAF status
Please note that the umbrella company is required to declare each new employee brought to URSSAF via the single employment declaration (DUE). This must be written and signed by the umbrella company. It is It is also up to the latter to take care of paying each month the social and employer contributions to URSSAF before proceeding with payment of the carried employee. Since the consultant contributes for his rights unemployed, he is able to request the opening of his rights to Pôle Emploi at the end of its activity.
What is the importance of the Pôle Emploi wage portage certificate?
The rumor that the employer certificate specific to portage is no longer required by Pôle Emploi is completely unfounded. This certificate is still valid, and any umbrella company employee not being able to provide it at the end of a contract found illegal. In addition, it should be ensured that the end-of-contract procedure is well respected by the company carrying.
Why do I need an employer certificate?
Justifying the change in the consultant's situation, the certificate employer allows his claim for compensation to be examined. This document must therefore be presented when registering as an applicant at Pôle Emploi**, an essential step in starting to enjoy their rights. In the absence of an employer certificate or non-compliance with the requirements, the consultant will be refused Pôle Emploi benefits.
How do I obtain this certificate?
At the end of their contract, all consultants must receive a certificate Pôle Emploi wage portage. This certificate is issued by the umbrella company at the same time as the work certificate and the balance of any account, as provided for in the Labor Code. Often, it is the carrier company that is responsible for sending them to Pôle Job. These documents will then be added to the application file. unemployment benefit and automatically initiate the application for ARE.
How to access ARE allowances in wage portage?
As part of the right to unemployment and wage portage, an employee brought can claim back-to-work assistance allowances (ARE) under certain conditions.
Register with Pôle Emploi in your nt as job seeker
In order to be entitled to the ARE, the consultant carried must remain registered with Employment Center. As mentioned above, an employer certificate will be required for registration as a job seeker with Pôle Emploi. You should also know that registering as a job seeker with Pôle Emploi is only possible ** for employees aged under 62 years**, i.e. the retirement age.
Respect working time
You must complete at least 88 days or 610 hours of work to be eligible for the ARE. This duration can range from 24 to 36 months for worn over 53 years. Thus, all work periods during the last 28 or 36 months preceding the end of the mission are taken into account. Only the periods used for compensation by unemployment insurance will not be considered. It should be noted that the total working time must not exceed 110 hours.
Do not exceed the monthly income cap
To be eligible for the ARE, the remuneration must not exceed 70% the reference salary which was used to calculate the unemployment benefit of the employee carried. Otherwise, there is a good chance that the allowance is reduced significantly, or even completely. It is recommended to opt for another solution such as the payment of the ARCE if the employee carried notices a rapid change in his activity.
Breach of contract must be involuntary
An end of the fixed-term wage portage contract, a dismissal on a permanent contract of wage portage and a conventional breach of contract allow all benefit from the ARE. On the other hand, a carried employee cannot claim the opening of new rights at the end of a mission if it remains in CDI of portage. Nevertheless, terminating a CDI contract in wage portage while benefiting from the ARE remains possible in provisioning the indemnity for termination of the contract on the account consultant.
How are wage portage unemployment benefits calculated?
Set by Pôle Emploi, the amount of unemployment benefit is calculated on the basis of the daily reference income (SJR) declared by the consultant during his social and employer contributions. Thus, the daily allowances received by the consultant may correspond at 57% of the SJR or at 40.4% of the SJR + €11.84. The amount most high will be the one retained for ARE allocations. This amount must be greater than 28.86 euros and must not exceed 75% of the SJR.
Take the example of an employee on a fixed-term wage portage contract having worked 180 days with a gross salary of 26,000 euros. Her reference daily salary will then be 103.20 euros. The allowance daily gross will be 53.62 euros if it is calculated from the 40.4% of the SJR plus the 11.84 euros. On the other hand, it will be 58.80 euros if it is calculated from the 57% of its SJR.
Since it is the highest amount that will be retained, the amount daily rate of the ARE will therefore be 58.80 euros, which allows the consultant to receive unemployment benefit of 1,764 euros for a 30 day month.
Is it possible to accumulate unemployment benefits in wage portage?
It is good to know that a lifted employee has every right to combine part of their unemployment benefits with their income in wage portage in the event of resumption of activity. For this, the consultant in wage portage must remain registered under the applicant status at Pôle Emploi and therefore eligible for back-to-work assistance. He must also make sure not to exceed the cumulative limit fixed**.
What is the total cumulative amount in portage?
The total cumulative amount is defined by Pôle Emploi according to the income received. The idea is to ensure that the job seeker can find a salary similar to that before unemployment without might as well exceed it. The cumulative limit is then obtained by multiplying the amount of the monthly allowance by 30.42, i.e. the number of days on average per month.
How are the allowances due calculated?
To calculate your new allowances, Pôle Emploi deducts 70% of the gross salary received in wage portage of the amount of the ARE. Thus, the allowances due = monthly allowance received – 70% of monthly income raw. For example, if the employee carried receives 2300 euros in aid when returning to work and generates a gross salary of 1,800 euros in carry, here is the formula made by Pôle Emploi: 2300 euros - (0.7 X 1800 euros) = 1040 euros.
How long can unemployment benefits be accumulated?
The duration of the accumulation of the return to work assistance (ARE) with the salary portage consultant is proportional to the duration of affiliation in working day. In other words, the more the carried employee has worked and the more its duration of compensation will be long.
Thus, to determine the compensation period, the number of days worked during the wage portage activity is multiplied by 1.4. The accumulation of compensation is possible for a period of 15 months maximum for employees aged under 50. On the other hand, the accumulation is unlimited for 50 years and over.
Unemployment and wage portage: what are the mistakes to avoid?
Allowing you to receive assistance in the event of cessation of activity, portage salary is an advantageous status for job seekers. He offers the possibility of resuming one's activity without giving up the unemployment benefits from Pôle Emploi, in particular by extending the duration compensation. However, to benefit from all these advantages, it is some mistakes should be avoided.
Resign hoping to receive unemployment benefits
Just like a traditional employee, a wage portage consultant does not can benefit from unemployment only if he is involuntarily deprived of his job. In other words, if the carried employee decides to resign, he loses the right to unemployment for his period of work in portage salary.
Although a resignation is systematically proposed, it is strongly recommended that the wage portage consultant consider another option to benefit from unemployment. The wage portage company may possibly propose a conventional termination of the contract or a breach of the trial period.
Ignore the count of days off and prospecting
Many PEO companies only pay for working days. work and decide to pay only a leave bonus of 10% gross. Thus, in the case where the consultant has actually taken leave, he loses 10% of his unemployment rights. It is highly recommended to put his leave before the date of the conventional termination.
Without this, the leave allowance will give rise to a deficiency without extend the duration of unemployment benefits. In addition to counting the days of holidays, also take into account prospecting days. Know that the counting of prospecting days between two missions can open up rights to Pôle Emploi.
Take the example of a carried employee who invoices 10,000 euros per month During three months. If during the following three months he exhausts his activity account without having found a full-time mission, he will have right to unemployment after the contractual termination. In effect, the umbrella company will have paid him six months' salary at 3,100 euros raw.
Do not remain registered with Pôle Emploi
Many employees carried make the mistake of unregistering unemployment once they have a new contract. Even if unsubscribing from unemployment is systematically offered by Pôle Emploi in the event of recovery activity, do not fall into the trap. Knowing that the remuneration is not guaranteed in wage portage, the consultant must at all costs remain registered with Pôle Emploi.
Indeed, by remaining registered with Pôle Emploi, the portage consultant employee has ** the possibility of combining part of his allowances unemployment** with his remuneration according to the amount thereof. That remains possible regardless of the duration of the employment contract and until the end of the allowances of the carried employee.
Take the example of a wage portage consultant who has worked three months full-time with the same income as the job that started opened the right to unemployment. Even if the following month he meets a period of inactivity and does not receive a salary, he can collect his unemployment benefits as a normal month if he remains registered with Pôle Job.
Ignore the employer certificate
A received idea that Pôle Emploi no longer has to check the existence of an employment contract has circulated a lot on the internet. And however, it is one of the fundamental conditions for being eligible for unemployment benefits. Thus, the carried employee is always required to provide proof of his employment contract through the employer certificate.
Furthermore, without this document, it is not possible for the employee to register as a jobseeker with Pôle Emploi. Remember that this is the first condition for accessing the ARE allowances in wage portage. Furthermore, the existence of the employer certificate causes a domino effect which will inevitably deprive an employee of Pôle Emploi benefits.