Estimated reading time (in minutes)

Puis-je refuser une offre de Pôle Emploi ?

6,429,900 people are currently  unemployed  in France,  including  6,099,700 in mainland France, or 9.8% of the active population, including 9.5% in mainland France .
What is the policy of Pôle emploi vis-à-vis job seekers? Can we refuse an offer that is not suitable?

NO, IF THEY ARE “REASONABLE OFFERS”

Since 2008, if the job seeker refuses two reasonable job offers, he or she faces a sanction. The reasonable offer is in fact established with a Personalized Access to Employment Project (PPAE). It takes into account criteria such as: training, qualifications, personal situation, salary requested, etc. The elements constituting a reasonable job offer change with the time of registration: the longer the unemployed person has been registered, the less the reasonable offer corresponds to the exact criteria.

ARE THERE ANY EXCEPTIONS?

You can refuse a reasonable job offer if you have a legitimate reason. This is the case if there is too much of a gap between the criteria established (geographical area, expected salary, etc.) at the start at Pôle Emploi and what is then proposed. You are also not obliged to accept the job if the salary level offered is lower than the salary normally practiced in the region and for the profession concerned. In addition, the salary of the proposed offer cannot be lower than the legal and conventional provisions in force and in particular the minimum wage. It is possible to refuse if you do not want part-time work, or a fixed-term contract if you have requested full-time and a permanent contract.

IF I REFUSE?

If a reasonable offer is refused twice without valid reason, Pôle emploi may unsubscribe for a period of 2 months. This decision is only taken after the person concerned has been invited to present their observations. If these facts are repeated, the irradiation can last from 2 to 6 months. This cancellation results in the temporary suspension of payment of unemployment benefit.

CAN I CHALLENGE THE PÔLE EMPLOYMENT DECISION?

It is possible to challenge the deregistration decision. You can first lodge a free appeal addressed to the director, signatory of the cancellation decision, within 2 months of notification of the decision. If there is no response for 4 months, it is worth a rejection decision. If the informal appeal is rejected, it is then possible to file a hierarchical appeal before the regional prefect or a contentious appeal before the judicial court.

DAMY Law Firm , Nice, Can I refuse an offer from Pôle Emploi?, Update 2016.