Even if the outcome is in line with forecasts, it arouses bitterness among the unions. On Wednesday December 15, the Council of State rejected the appeal of a dozen employee organizations against the new rules relating to unemployment insurance. This decision goes in the same direction as the assessments of the public rapporteur, during the hearing which was held a month ago. For the government, this is a victory, which validates one of the most controversial reforms of the five-year term.
The dispute decided on Wednesday has been going on for two and a half years. In July 2019, the executive issued a decree which led to a sharp reduction in the monthly compensation for job seekers “subscribed” to short contracts. Contested by the unions, the text was partially canceled in November 2020, the Council of State considering that the method of calculating the benefit was “Breach of the principle of equality”.
The Ministry of Labor had rewritten its copy in order to mitigate the decrease in the sums paid. A new decree, dated March 30, had been published. The workers’ organizations had once again opposed this by appealing to the Council of State. It is on this request that the judges of the Palais-Royal ruled on Wednesday.
In their judgment, they recall that the allowance of people who worked in a fractional way should be on average 17% lower than that of the unemployed. “Having a continuous employment path”. This drop, they add, “Is accompanied by an extension of the duration of compensation which may result in a higher capital of rights” for individuals who have alternated odd jobs and periods of inactivity. Since then, “The difference in treatment” between plan beneficiaries “Is not manifestly disproportionate with regard to the subject of the decree”, the latter aimed at encouraging long-term contracts.
The same reasoning is adopted for those who receive a fraction of the allowance while having an activity – therefore a salary. The amounts granted by unemployment insurance may, of course, vary “Depending on the day” where the person takes his post. Corn “The gap (…) remains limited and does not induce the loss of any rights ” : in the event of a lower benefit, the duration of compensation is “Extent”.
“I find that amazing”
Number two of the CFDT, Marylise Léon deplores this decision which “Is not good news for job seekers”. “The reform will have a detrimental impact for more than a million people”, continues Michel Beaugas, confederal secretary of FO, stressing that it will ultimately generate 2.3 billion euros in savings per year “On the backs of the most precarious”. “The Council of State played politics, he denounces. He responded to the injunctions of the President of the Republic. “
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