Article L5426-1 of the French Labour Code
November 6, 2023
Pôle emploi staff monitor jobseekers’ progress.
Pôle emploi staff monitor jobseekers’ progress.
I.-Periods of employment lasting more than three days, consecutive or otherwise, during the same calendar month, which are not declared by the jobseeker to Pôle emploi by the end of that month, are not taken into account for the purpose of opening or topping up insurance benefit entitlements. Remuneration corresponding to periods not declared is not included in the reference salary. II -Without prejudice to the right of the jobseeker…
I.- By way of derogation from article L. 5421-3, during the period of implementation of the project referred to in 2° of II of article L. 5422-1, the job-seeking condition required to benefit from the insurance allowance under the same II is met as long as the persons concerned are registered as jobseekers and are taking the necessary steps to implement their project. II – The reality of the steps…
Replacement income is withdrawn by Pôle emploi in the cases mentioned in 1° to 3° of Article L. 5412-1, Article L. 5412-2 and II of Article L. 5426-1-2. It is also cancelled in the event of fraud or misrepresentation. Any sums unduly received will be reimbursed.
Without prejudice to actions for recovery of unduly paid allowances and criminal proceedings, inaccuracy or incompleteness, when deliberate, in the declarations made for the benefit of allowances for workers deprived of employment as well as failure to declare a change in the situation justifying this benefit, which have resulted in undue payments, may be sanctioned by a penalty imposed by Pôle emploi. The amount of the penalty may not exceed…
The penalty is recovered by Pôle emploi. The provisions of article L. 5426-8-2 are applicable to the recovery of the penalty.
No penalty may be imposed for offences that are more than two years old, or where the person concerned has already been convicted of the same offence by a criminal court or has benefited from a final decision dismissing the case or acquitting the offender, stating that the offence has not been established or that the offender is not responsible for the offence. If such a decision of dismissal or…
The person against whom the penalty is likely to be imposed is informed in advance of the facts of which he is accused and of the penalty envisaged, so that he can present his written and oral observations, assisted if necessary by a person of his choice, within a time limit which may not be less than one month.
For the reimbursement of allowances, grants and any other benefits unduly paid by Pôle emploi, on its own behalf, on behalf of the State or the employers mentioned in Article L. 5424-1, Pôle emploi may, if the debtor does not dispute the undue nature thereof, make deductions from future instalments due for any reason whatsoever, with the exception of the allowances mentioned in the second paragraph of this Article. For…
For the repayment of allowances, grants and any other benefits unduly paid by Pôle emploi on its own behalf, on behalf of the body responsible for managing the unemployment insurance scheme referred to in Article L. 5427-1, on behalf of the State or employers referred to in Article L. 5424-1, the Director General of Pôle emploi or the person designated by him/her may, within the time limits and under the…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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