RECORD OF INDIVIDUAL MEMBERSHIP OF THE EXPATRIATE UNEMPLOYMENT INSURANCE PLAN (*)

Transcription

1 RECORD OF INDIVIDUAL MEMBERSHIP OF THE EXPATRIATE UNEMPLOYMENT INSURANCE PLAN (*) for use by expatriate employees outside France (**) and not covered by a collective membership of their employer 1) Individual membership application 2) Information sheet 3) Additional information sheet Constituent parts: Record to be sent to: Pôle emploi services Service CRSE "Recouvrement expatriés" TSA NANTERRE CEDEX 9 : +33 (0) : +33 (0) : expatriation@pole-emploi.net Telephone lines open: Monday to Wednesday 9 am to 5 pm Thursday 9 am to 1 pm Friday 9 am to 4 pm (*) Appendix IX to the regulation appended to the convention of 14 May 2014 on unemployment compensation (**) For the purposes of application of this Appendix, the word France covers: mainland France, the overseas départements and the overseas communities of Saint-Barthélemy, Saint Martin and Saint Pierre and Miquelon Page 1/4

2 APPLICATION FOR INDIVIDUAL MEMBERSHIP OF THE UNEMPLOYMENT INSURANCE PLAN I, the undersigned, Mr/Mrs:... (Surname-First name) French social security no.:... Date of birth:... Place of birth:... Nationality:... Address: Telephone numbers: (with country code) (Landline) (Mobile) An employee of the company:... (Company name) Company address: Employment start date:... Place of work:... Position held outside France:... Professional category:... Type of contract Permanent Fixed-term for:. months 1) hereby request membership of the unemployment insurance plan from Pôle emploi services, 2) undertake: to comply with the provisions of the convention on unemployment compensation and the texts appended thereto, and in particular Appendix IX to the regulation, and any that may be added or modified by the industrial partners and accepted by Ministerial approval, to send to Pôle emploi services, for the duration of my activity indicated above, the contributions that are payable calculated using all of the gross earnings, converted into euros based on the official exchange rate at the time of payment, in the first 15 days of the month following the previous quarter, to immediately inform Pôle emploi services of any changes to my situation (address, employer, change of employment contract, , etc.). 3) declare that I have read the provisions of the texts in force, and in particular Article 55, Chapter 3, Section 3.3 of Appendix IX, according to which Pôle emploi services is authorised to strike off any participant who does not fulfil their commitments, especially in the event of contributions not being paid or false declarations being made. Furthermore, Pôle emploi services may, at any time, and as a matter of course when an unemployment file is submitted, check the earnings subject to contribution. Signed in on... Signature (write the words read and approved before the signature) Page 2/4

3 INFORMATION SHEET CONCERNING THE APPLICATION FOR INDIVIDUAL MEMBERSHIP OF THE UNEMPLOYMENT INSURANCE PLAN I - INFORMATION ABOUT THE APPLICANT Surname: First name: Address where payment advices and correspondence should be sent: II - INFORMATION ABOUT THE EMPLOYER OUTSIDE FRANCE Name or company name and address: Company activity:... III - INFORMATION ABOUT THE PREVIOUS EMPLOYER Name or company name and address: Duration of employment from: to:... Position held:... Place of work:... Country of work:... Signed in on... Signature Page 3/4

4 ADDITIONAL INFORMATION SHEET CONCERNING THE APPLICATION FOR INDIVIDUAL MEMBERSHIP OF THE UNEMPLOYMENT INSURANCE PLAN I - IF YOU DO NOT DO ANY PAID WORK, ARE YOU? Jobseeker from:... to:... Beneficiary of Pôle emploi from:... to:... Student Trainee National service Other (please specify) Signed in on... Signature SIGNATURE MANDATORY DOCUMENTS TO BE ATTACHED TO THE MEMBERSHIP APPLICATION A declaration from the employer stating that the employment contract is still in force and indicating the employment start date, the positions held within the company or organisation and the gross monthly salary The last payslip from the employer under which the membership is requested A copy of the employment contract or the letter of engagement Information on or an internet link to the activity of the company or organisation proving that the work done falls within the scope of the Unemployment Insurance Plan Evidence of termination of a French employment contract from the last employer (Pôle emploi employer declaration) If the employer is based in the European Economic Area or in Switzerland, attach the declaration of rejection of Social Security in the employer's country Evidence of bank details Page 4/4

5 INDIVIDUAL MEMBERSHIP OF THE EXPATRIATE UNEMPLOYMENT INSURANCE PLAN for expatriate employees outside France and not covered by a collective membership of their employer INFORMATION SHEET To enable employees employed outside France or by international organisations, embassies or consulates, who are not covered against the risk of being deprived of employment by their employers, to benefit from the specific provisions of Unemployment Insurance, the appended regulation of the convention on unemployment compensation provides, under certain conditions, for the possibility to join as an individual. EMPLOYEES AFFECTED The following employees can apply for Unemployment Insurance membership: Employees employed outside France (including in certain overseas communities) by an employer in the private sector, employees (not considered as civil servants or officials in the eyes of applicable French or foreign legislation) of overseas regional authorities and establishments or foreign bodes whose legal form is comparable to that of public establishments other than those that are State-owned, employees employed in an embassy or consulate (outside the EEA or Switzerland) situated in France and subject to French Social Security, French employees, employed in an embassy or consulate situated overseas (outside the EEA or Switzerland), sailors on board vessels sailing under the flag of a foreign country, employees employed in an international organisation situated in France and subject to French Social Security, expatriate employees employed by an international organisation located overseas. On the other hand, membership cannot be requested by: employees who already have Unemployment Insurance through their employer, employees working in a Member State of the EEA or in Switzerland (and covered by Unemployment Insurance in the country in question), employees in State administration (French or overseas), company representatives or managers, civil or military volunteers, freelance workers (independent professions, traders, craftsmen, etc.). Page 1/5

6 MEMBERSHIP The membership application must be sent: By By post: Pôle emploi services Service CRSE Recouvrement expatriés TSA NANTERRE CEDEX 9 Employees must apply for Unemployment Insurance membership before their expatriation or within 12 months of the employment start date. The application must be submitted on a date when the employment contract with the employer is still in force and the employee must still be working in the company or organisation. CONTRIBUTIONS The membership application involves an obligation to pay contributions from the first day of the paid work for which this application is submitted and for the whole duration of this activity. Contributions are based on all of the capped gross earnings, converted into euros based on the official exchange rate at the time of payment, as defined in Articles L et seq. of the French Social Security Code (Code de la sécurité sociale). These contributions, which are the sole responsibility of the employee, are calculated by applying the rate fixed by the Unédic Board of Directors. Contributions are payable quarterly in euros when called by Pôle emploi services in the first 15 days of the month following the end of the quarter in question. Failure to pay the contributions shall result in the immediate cancellation of membership with no possibility for resumption or repayment of sums already paid. A change in employer must result in a new membership application. Any changes to the employment contract must be reported to Pôle emploi services. WHAT SHOULD YOU DO IF YOU LOSE YOUR JOB? As soon as the activity comes to an end, the employee must register with the Pôle emploi where he lives in France. This registration enables: - Pôle emploi to send Pôle emploi services the file in preparation for processing of the compensation request, - the employee to look for a new job from the offers collected by Pôle emploi. CONSTITUTION OF THE UNEMPLOYMENT RECORD Pôle emploi services handles benefit applications. To determine benefit entitlement, the file must include the following: - a benefit application issued by the Pôle emploi in the place of residence in France, - an employer declaration, - a photocopy of the social security card, or failing that a declaration of liability to one of the Social Security plans operated by the Caisse des français de l étranger (CFE), - a residence permit giving access to the job market, for foreign nationals of the European Economic Area (EEA) and Switzerland. Page 2/5

7 BENEFIT ALLOCATION CONDITIONS The right to return-to-work benefit (ARE - Allocation d aide au retour à l emploi) is reserved for employees who can prove the membership durations indicated in the table in the Benefit paid section of these instructions. The period corresponding to paid leave compensation, although subject to contribution, cannot be considered as time served at the company. However, in the event of termination of the employment contract at the end of paid leave, the paid leave is considered as time served at the company. Conditions to be met: - be registered in France with the Pôle emploi in the place residence, - be actively and continuously seeking a job, - not have reached the age set for entitlement to a pension as defined in Article L of the French Labour Code (Code du travail) or not benefit from a pension pursuant to Articles L , L , L and L of the French Social Security Code (Code de la Sécurité sociale), - be physically able to do a job, - not be seasonally unemployed, - not have voluntarily left, except in cases provided for in an implementing agreement, their last paid employment, or a paid job other than the last one, from the moment, since the voluntary departure, the payment of contributions on their behalf cannot be proven for at least 91 days. TIME LIMIT The rights to unemployment compensation, acquired over the course of a period of employment for which contributions were paid for Unemployment Insurance, are protected for 12 months. This period runs from the end date of the employment contract to the date of registration in France as a jobseeker. ENTITLEMENT START DATE Benefits are allocated from the day on which the beneficiary meets all of the conditions for entitlement and, at the earliest, the day after the day on which activity ceases plus the waiting period of 7 days, if the interested party is registered with Pôle emploi. However, if the interested party has received paid-leave compensation (notice period), the starting point for payment of benefits will be delayed until expiry of the notice period that has not been completed. If the interested party has received paid-leave compensation, the payment of benefits may only start after expiry of a period fixed in accordance with the number of days of paid leave not taken on the day of departure. This compensation deferral is increased by a specific deferral in the event of taking over after an employment contract cessation for which the payment of compensation or any other sum inherent to this termination, regardless of the nature thereof if it exceeds the legally mandatory compensation of which the rate and the calculation conditions result directly from a legal provision. This specific deferral includes a number of days equal to the quotient of half of the sums paid at the end of the employment contract above the aforementioned legally mandatory compensation (divided by 90). The duration of this specific deferral is limited to: 75 days for employment contract terminations resulting from one of the causes given in Article L of the French Labour Code (Code du travail). 180 days for all other terminations. Furthermore, the taking over is delayed to the end of a waiting period of 7 days. This waiting period runs from the end of the compensation deferral(s) mentioned above. It does not apply in the event of readmission within a 12-month period. Page 3/5

8 The suppression of benefits before the end of the period anticipated is declared in the following cases: - if he/she finds work, - if he/she is no longer registered with Pôle emploi, - if he/she is 67 years old, - if he/she can prove the required number of quarters to benefit from a full pension and if he/she has reached the minimum retirement age, - if he/she is covered by special retirement plans including provisions that lower the retirement age, - if he/she becomes unable to work following a disease or accident. Similarly, the failure by the jobseeker to meet his/her obligations can result in suspension or suppression of the payment of benefits. BENEFIT PAID I Reference salary The reference salary is equal to the total of the salaries used as a basis for calculating contributions for the 4 calendar quarters preceding the one in which the employment contract comes to an end. The daily reference salary is obtained by dividing the reference salary by the number of calendar days in the period of the 4 calendar quarters preceding the one in which the employment contract comes to an end. II Determination of the amount The daily amount of this benefit is equal to 40.40% of the daily reference salary. To this percentage is added a fixed part equal to per day (value as at 01/07/2015). If the sum obtained is less than 57% of the daily reference salary, this percentage is used. The benefits amount may not exceed 75% of the daily reference salary. The amount of benefits and the fixed part are reviewed once a year and updated by a decision of the Unédic Board of Directors. Age Any age 50 and over 57 and over Length of service at the end of the contract 18 months (546 days) in the last 24 months 36 months (1,095 days) in the last months months (1,642 days) in the last 72 months and 100 quarters approved by the retirement provision Total compensation period 18 months (546 days) 30 months (912 days) 42 months (1,277 days) Page 4/5

9 MISCELLANEOUS PROVISIONS Death benefit In the event of death of a beneficiary receiving compensation, a sum equal to 120 times the daily benefit amount that the deceased was receiving is paid to the spouse. This sum is increased by 45 times the amount of said daily benefit for each dependent child, as defined by Social Security legislation. Social protection The beneficiaries of benefits paid by Unemployment Insurance are entitled to certain Social Security services. The periods compensated by Unemployment Insurance are approved in some cases by Social Security for retirement provision and by some complementary pension funds. For further details, please contact these organisations. Tax system The benefits are subject to income tax. To this end, each year, the Pôle emploi responsible for payment of these benefits sends the amount of the services rendered during the previous calendar year. Article 27 1 of the General Unemployment Insurance Regulation Persons who have unduly received the benefits or services referred to in this regulation must repay them to Pôle emploi, without prejudice to the penalties resulting from application of current legislation for those who have knowingly made inaccurate declarations or presented false declarations with a view to obtaining these benefits or this aid. INFORMATION ON ORGANISATIONS - Caisse des Français de l'étranger: - France Diplomatie: - Maison des Français de l'etranger: Page 5/5