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infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • [to be determined] € Finecourt hammer
    infoNon-delivery of the employment division certificate upon termination or end of the employment contract

    Pôle emploi certificate (ex-Assedic certificate)


    Scope of application

    Any employer, upon termination or end of an employment contract (dismissal, resignation, end of fixed-term contract or apprenticeship contract, retirement, contractual termination), whatever the cause.

    Exclusion

    Temporary employment companies are exempt from providing the Pôle emploi certificate for the employee at the end of their employment contract. The monthly statements of mission contracts take the place of certification. 

    Description

    The Pôle emploi certificate must be given to the employee at the end of the employment contract.

    It enables the employee to receive unemployment benefit under certain conditions.

    The certificate must include the following information :
    • The employee's identity and qualifications
    • Reason for the termination of the employment contract
    • Duration of employment
    • Amount of remuneration received (wages, bonuses, allowances, amount of the final balance) over the last 24 months if the employee is under 53 years of age (or over the last 36 months if the employee is 53 years of age or older)
    It is the employer who draws up the certificate and sends it electronically (if the number of employees is greater than 11, otherwise paper mail remains possible) to Pôle emploi either via the online services site or via payroll software.

    Since 1 June 2021, the employer must send a valid certificate to Pôle emploi. Attestations based on an old model will no longer be accepted by Pôle emploi.

    The employer must send a printed copy of the certificate to the employee. In the event of a false indication (for example, an incorrect reason for termination of the employment contract), the employee may take the matter to the Conseil des prud'hommes and claim damages.

    Failure to submit or late submission of the Pôle emploi certificate may cause a delay in the payment of unemployment benefit (ARE).
    If this is the case, the employee can take the matter to the Conseil de prud'hommes (CPH) and claim damages, subject to conditions.

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