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Article L5422-2-2 of the French Labour Code

The conditions of previous activity for opening or topping up entitlements and the duration of entitlement to insurance benefits may be adjusted to take account of cyclical indicators on employment and the functioning of the labour market.

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Article L5422-3 of the French Labour Code

The insurance allowance is calculated either on the basis of the remuneration previously received, subject to a ceiling, or on the basis of the remuneration used to calculate the contributions referred to in 1° of article L. 5422-9 and article L. 5422-11. It may not exceed the net amount of remuneration previously received. It may include a degressive rate depending on the age of the persons concerned and the duration…

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Article L5422-4 of the French Labour Code

The claim for payment of the insurance allowance is submitted to Pôle emploi by the unemployed worker within two years of the date of registration as a jobseeker. The notification of the decision relating to the request for payment of the insurance allowance taken by Pôle emploi mentions, on pain of nullity, the deadlines and channels for appeal. The action for payment is preceded by the submission of the claim…

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Article L5422-5 of the French Labour Code

An action for repayment of an insurance allowance that has been wrongly paid is time-barred after three years. In the event of fraud or misrepresentation, the limitation period is ten years. These periods run from the date on which the sums were paid.

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Article L5422-6 of the French Labour Code

When, due to the particular conditions of practice of a profession, the conditions of previous activity for admission to the insurance allowance are not met, adjustments may be made to these conditions of activity as well as to the duration of compensation and the rates of the allowance under conditions laid down, depending on the case, by the agreement provided for in article L. 5422-20 or by decree of the…

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Article L5422-7 of the French Labour Code

Workers deprived of employment are entitled to the insurance allowance, regardless of whether the employer complies with its obligations under Section 3, the regulatory provisions and the contractual stipulations adopted for its implementation.

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Article L5422-8 of the French Labour Code

Notwithstanding the provisions of articles L. 5421-1 and L. 5421-3, foreign workers involuntarily deprived of employment who leave France to settle in their country of origin may, at their request, continue to receive the insurance allowance. The replacement income is then paid in one instalment, up to the maximum limit of the entitlements built up at the date of departure. Measures for the application of this article are taken by…

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Article L5422-9 of the French Labour Code

The insurance allowance and the allowance for self-employed workers provided for in Section 4 of Chapter IV of this Title are financed by : 1° Employers’ contributions ; 2° Where applicable, contributions from employees in the film production, audiovisual or entertainment professions mentioned in section 3 of the same chapter IV; 3° Where applicable, contributions from expatriate employees who join the insurance scheme individually and whose employer does not fall…

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Article L5422-10 of the French Labour Code

Employers’ contributions are excluded from the basis of assessment for the contribution mentioned in article L. 136-1 of the Social Security Code. They are deductible from industrial and commercial, agricultural or non-commercial profits for the purposes of calculating the income tax or corporation tax due by these employers. The contributions paid by workers, mentioned in 2° and 3° of article L. 5422-9 of the present code, are deductible for the…

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Article L5422-11 of the French Labour Code

The insurance allowance may be financed by flat-rate contributions payable by the employer at the end of an employment contract whose duration qualifies for the allowance. These flat-rate contributions do not apply to 1° To apprenticeship contracts, employment support contracts and professionalisation contracts ; 2° Contracts entered into by natural persons for services provided in their own homes; 3° Contracts entered into by natural persons to work as approved childcare…

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