If you are a job seeker who occasionally returns to work with fixed-term contracts or short assignments, you may have already been confronted with this issue of the right of option. Focus on this specific unemployment benefit scheme.
Unemployment benefits, how does it work?
The common law regime is based on the system of rechargeable rights. Clear, when you find a job, your unemployment benefits (return to work allowance paid by Pôle emploi) stop. But you still keep the balance of your unused rights. When you stop your new job, you are then compensated on the basis of the compensation remaining on your meter. Except that in the meantime, you have reloaded your rights counter which will be calculated on the basis of your last remuneration and paid once your first rights have been exhausted. By working, you have thus increased your period of compensation by Pôle emploi. Perfect ! Not so sure. Indeed, if by chance, you found a better paid job, therefore eligible for a higher return to work allowance than the previous one, you will not be able to benefit from it immediately. You must wait until your previous rights are exhausted to continue with these new allowances. To avoid this type of situation, the social partners have agreed on a right of option.
“Before choosing this option, obviously take into account the amount of future benefits but also the duration of compensation.”
What is the right of option?
Once your new job is finished, if you have not found another job, you can choose to directly receive your benefits calculated on the basis of your last salary (therefore higher than the previous one). And thus exercise your right of option. For this, you waive your previous remaining rights. Before choosing this option, obviously take into account the amount of future benefits but also the duration of compensation.
Who is the right of option for?
To benefit from it, you must obviously have a balance of rights, have reworked at least 4 months and display a daily return-to-work allowance of less than or equal to 20 Pounds or lose more than 30% of income with the traditional system rechargeable rights.
The right of option, is it compulsory?
No, it is a very personal decision. It is up to you to make the express request to Pôle emploi which then informs you of the respective durations and amounts of your old rights (not exhausted) and your new rights resulting from your new periods of activity. You can then make an informed decision. You have 21 days to make your final decision known to Pôle emploi.
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