In principle, people who have been involuntarily deprived of their job, in particular following a dismissal or an end of a fixed-term contract, are entitled to unemployment benefits, provided they have sufficiently contributed.
People with a conventional break or whose contract has been broken by mutual agreement (according to a collective agreement on forward-looking management of jobs and skills or collective bargaining break) are also entitled to unemployment insurance. The work comp lawyer can help you out perfectly.
On the other hand, if you have resigned and therefore voluntarily left your job, you will not necessarily be compensated for unemployment.
The termination of the contract of employment to the fault of the employer is possible in particular in the following cases:
- In the event of a breach or discrimination by your employer
- In the event of non-payment of wages or non-compliant payment (forgotten premium, non-compliance with the minimum wage provided for by the collective agreement)
- In case of modification of your employment contract without your authorization
To break your employment contract with the wrongs of your employer, there are 2 solutions:
- the judicial termination
- Taking action of the break.
- Make an act of the rupture
- Make a post abandonment
- It is common for employees to think about leaving jobs to quit their jobs.
- Most often, it is to start their own business and to embark on a new professional project.
- But, giving up your workstation can be a bad idea.
Indeed, if the abandonment of post ensures you the payment of the allowance of assistance to the return to the employment by Pole employment once the dismissal for serious fault pronounced, you are deprived of all your allowances of dismissal.
- Abandonment may also deprive you of any income for weeks or months to come, since as long as the dismissal is not pronounced, your employer has no obligation to maintain your salary.
- In addition, it can hurt you if a future employer wants to take references from your former employer.
Master the consequences of abandoning post
Request early termination of the CDD
The case of an employee on a fixed-term contract is different since the resignation of a fixed-term contract does not exist, just as conventional termination is not possible on fixed-term contracts.
There are however cases of early termination of the fixed-term contract, allowing you to leave your job before the end of your contract.
In particular, the resignation of an employee is considered legitimate:
- To follow a spouse who changes their place of residence to pursue a new job
- This is explained by his marriage or Pacs resulting in a change of place of residence, since less than 2 months elapse between the date of the resignation and the date of the marriage or Pacs.