What the new Unemployment Insurance rules could change for seniors

2023-08-02 15:47:49

Pending the start of negotiations on keeping seniors in employment, in September according to the terms of the social agenda agreed with the government, the social partners are invited to consider the fate of unemployed over 50s. . This is the sixth of the nine objectives of the framework document relating to the next Unédic convention that Matignon sent them on Tuesday. The key is the possibility of ratifying new rights for those concerned, but also some potential bitter potions to swallow, which augurs well for good games between unions and employers.

To stay within the nails of what the law imposes in terms of drafting, the framework document remains general. We must “draw the consequences of the extension of the duration of activity on the rules of compensation for seniors and promote their return to work”, he is content to write.

Age lines

In the entourage of the Minister of Labour, Olivier Dussopt, they are a little more specific: in addition to the incentives to return to work, it is necessary to look at those which lead employers to separate from their employees (often by mutual agreement) before the legal retirement age, raised to 64 by the reform. “If the agreement of the social partners does not include anything on this point”, then the government could impose its views, we continue from the same source.

As a reminder, 783,000 people over the age of 50 were registered with Pôle emploi on average in category A (without activity) in the second quarter in mainland France, compared to just over 900,000 just before the Covid.

The avenues to be studied are well identified. They concern first of all the age groups. Until 1is February, the maximum benefit periods were 24, 30 or 36 months depending on whether the job seeker was under 53, between 53 and 54, or over 55 when the employment contract ended. Since then, with the implementation of the so-called “countercyclicality” principle, they have been reduced by a quarter. Unions and employers will have to look into the future of these age limits to take account of the transition to 64 years.

“Unédic early retirement”

They will certainly also debate the so-called “Unédic early retirement” rule. The principle ? A job seeker who has exhausted his rights once the legal retirement age has been reached without benefiting from all his quarters, remains compensated by Pôle emploi until he obtains a full rate. Or three years and twenty-seven months at the end of the pension reform if he has to wait for the age of the end of the discount which was maintained at 67 (compared to eight years before).

The social partners will therefore have to decide at what rate to integrate the raising of the legal age into this rule, knowing that this would only concern new entrants, says a union source. In a report on the employment of seniors published at the end of October, the Institut Montaigne goes further by proposing to gradually reduce the maintenance period for benefits, depending on the improvement in the employment rate of the over 60s.

This improvement requires encouraging the resumption of work, knowing that seniors once unemployed suffer from strong discrimination because of their age. With this in mind, at least two tracks are on the table. The first concerns what is called reduced activity.

This rule stipulates that in the event of resuming an activity, the allowance is reduced by 70% of the remuneration resumed, without distinction of age. This percentage could be lower for seniors and therefore more incentive. In the same vein, the Institut Montaigne imagines for the over 55s who return to work after a period of unemployment a minimum allowance. Thus, even at the end of their rights, they could benefit from aid.

Renaissance deputy Marc Ferracci imagines another carrot, in the form of a bonus equal to a percentage to be defined of the capital of remaining unemployment rights. That is to say the product of the allowance by the number of months of payment remaining. “It would be a strong incentive to return to work,” he says.

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