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Termination and Joblessness: Under What Circumstances?

Leaving a job doesn't usually mean receiving unemployment aid. In theory, an employee who quits isn't eligible for unemployment benefits. Yet, there are valid reasons to resign, like professional development, establishing a business, or acquiring a business. This article delves into the...

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Unemployment benefits and resignation often clash, as a resigned employee is typically ineligible...
Unemployment benefits and resignation often clash, as a resigned employee is typically ineligible for benefits. There are, however, justified scenarios involving career transitions, entrepreneurship, or business acquisition/takeovers. Learn about the reasons, process, and deadlines for exceptions to the rule.

Termination and Joblessness: Under What Circumstances?

Article: Resignation and Unemployment Benefits: Exceptions and Legitimate Cases

By Léa Boluze Web Editor Updated on [Date]

France's labor rules dictate that resignation does not usually grant an individual the right to unemployment benefits. However, certain circumstances permit resigning employees to claim jobless aid under specific conditions.

Voluntary Resignation and Unemployment Insurance

To be eligible for unemployment benefits from Pôle Emploi (formerly Pole Emploi), an individual must be involuntarily unemployed—such as layoffs or terminated fixed-term contracts. Resignations, by nature, are considered voluntary actions, thus disqualifying individuals from jobless benefits except in unique cases.

Only in these exceptional instances might an individual be eligible for temporary aid:

  1. Resignation to Follow a Parent Under Guardianship: A person aged 18 or over who is under guardianship, curatorship, or trusteeship may quit their job to accompany their designated parent. This exception ensures support for vulnerable individuals while allowing them to maintain family ties without facing financial hardship.
  2. Resignation of a Minor Employee to Follow Ascendants: An employee under 18 years old may resign to follow their ascendants or the person exercising parental authority in the event of a change of residence. This provision protects young workers and facilitates their reintegration into the family, offering financial assistance during termination of employment.
  3. Resignation to Follow a Spouse with a New Job: An employee can resign to accompany their spouse who is required to relocate due to a new job, whether salaried or self-employed. This provision enables families to maintain stability while supporting the spouse's career transition.
  4. Resignation Due to Marriage or PACS: An employee who resigns because of marriage or PACS, necessitating a change of residence, might be eligible for jobless benefits. However, a wait of at least two months must pass between the resignation date and the marriage or PACS celebration to enable geographical mobility for employees.
  5. Resignation to Follow a Disabled Child: A parent may resign to care for their disabled child at a new facility requiring a move. This legitimate resignation helps support parents of disabled children during their employment contract's termination while offering financial aid.
  6. Resignation from an Insertion Contract for a New Job or Training: An unemployed individual with an activity-based insertion contract can resign to accept a new job or join training, qualifying for jobless benefits. This exception supports the professional integration of job seekers by allowing them to take advantage of new opportunities without compromising their financial security.
  7. Resignation from a Single Insertion Contract or Accompaniment in Employment Contract: An individual can quit a Single Insertion Contract (CUI) or an Accompaniment in Employment Contract (CAE) to take up temporary employment lasting at least six months, a permanent contract, or attend training. This resignation provides a better professional opportunity while ensuring financial security during the transition.
  8. Resignation After a Precarious Job Followed by a Collective Dismissal or Dismissal: If an employee quits a new contract (less than 65 calendar days worked before April 1, 2025, and 88 worked days after), following a dismissal, a collective dismissal, or the end of a fixed-term contract, they may be eligible for unemployment benefits under specific requirements.
  9. Resignation After Three Years of Continuous Unemployment Insurance Affiliation: An employed person who has been continuously affiliated with unemployment insurance for three years, followed by a permanent contract, can quit after the first 65 days worked (88 worked days starting April 1, 2025) if the employer terminates the contract.
  10. Resignation Due to Non-Payment of Salaries Despite a Court Decision: An employee can resign due to unpaid salaries, even when a court ruling has been issued to enforce their payment. This safeguards workers from certain employer abuses and enables them to look for alternative employment.
  11. Resignation Due to a Delinquent Act in the Context of the Employment Contract: If an employee quits due to being victimized by a delinquent act during their employment, this resignation is considered legitimate and may entitle them to unemployment benefits.
  12. Domestic Violence: A resignation resulting from domestic violence, leading to a change of residence, may grant protection to victims by providing financial support during their transition and rebuilding period.
  13. Signing a Civic Service or Volunteering Contract: An employee who resigns to sign a civic service, international solidarity volunteering, or associative volunteering contract for a minimum duration of one year can claim unemployment benefits.

Under the 2019 unemployment insurance reform, there is a mechanism that allows, in certain situations, to benefit from unemployment benefits after an illegitimate resignation. The employee can request a review of their rights as long as they find a stable or durable job and wait six months before opening new unemployment rights.

It's essential for resigned employees who pursue professional retraining projects or takeover or business creation projects to first obtain a Career Evolution Consultation (CEP). Subsequently, the regional interprofessional parity committee (Transition Pro) must validate the authenticity and seriousness behind their professional retraining endeavors before registering them as job seekers and granting unemployment benefits during the course of their professional retraining initiatives.

  1. An individual who quits their job to pursue a civic service, international solidarity volunteering, or associative volunteering contract for a minimum duration of one year may be eligible for unemployment benefits.
  2. In the case of employment contracts related to business, finance, education, or self-development, a resigned employee might be entitled to unemployment benefits if they can demonstrate a legitimate reason for resignation, such as domestic violence, unpaid salaries, delinquent acts at work, or participating in civic service or volunteering contracts, as approved by the regional interprofessional parity committee while undergoing professional retraining.

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