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OBTAINING A “LEGITIMATE RESIGNATION”
You can receive unemployment benefits even when you left your job voluntarily. To do this, you must invoke a “legitimate resignation” with the employment center, giving the reasons, either personal or professional, which motivate your request. If ever the employment center refuses to pay them to you, you can then turn to the civil courts, whether they are the tribunal de grande instance or the district court, which can condemn the employment center to pay you its allowances.
FOR PERSONAL REASONS
The reasons justifying a legitimate resignation are all related to a change of domicile. This change of domicile may be due to the obtaining of a new job by the spouse, to a marriage or a PACS (the resignation must then take place within the 2 months preceding or following the union) and finally in the case of domestic violence forcing you to leave the marital home. (The violence must then have led to a criminal complaint by the employee).
FOR PROFESSIONAL REASONS
When the employee is the victim of criminal acts within the company and he has filed a complaint, he can justify a legitimate resignation. Similarly, when the employee has resigned in order to create his own business and this attempt has proved to be a failure, he can retroactively ask the employment center to consider his resignation as a legitimate resignation. Finally, in the case of resignation to find another job and the employee is dismissed within 91 days of being hired, he can ask the employment center to consider his resignation as legitimate, provided that the employee has contributed to the minimum 3 years in his previous company.
DAMY Law Firm, Nice, Resignation and unemployment benefits, Update 2022