Certification employment center and employer obligations

The certificate employment center is a document establishing the rights of employees to payment of unemployment benefits, at the time of registration to job center.

This certificate is awarded on the last day of the employment contract of the employee. It is one of the documents handed to the employee on his departure.

Definition

The certificate employment center (former "assedic") is a certificate awarded by the employer to an employee at the end of his contract. This is an important document for the employee, since the certificate is part of the documents requested to register at the employment center and thus receive unemployment benefits.

Obligations

terms

The employer must provide this statement to the employee regardless of:

  • the reason for the termination of the employment contract (dismissal, resignation, end of CDD, conventional termination ...)
  • the nature or duration of the contract (fixed term contract, seasonal work, apprenticeship, intermittent employment contract).

Delivery of the employment center certificate is required even when the employee resigns without being entitled to unemployment (judgment of the Social Chamber of the Supreme Court No. 15-21232 of 15 March 2017).

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Interim

Exceptionally, if the employee has worked for a temporary employment agency or an intermediary association, the employer is not required to remit a systematic employment center certificate. But the temporary work contract must mention the possibility of obtaining the certificate on request at the end of the contract.

contents

The certificate must include specify the reason for the termination of the employment contract, the amount of gross remuneration last 12 months subject to contributions (salaries, bonuses ...) and the amount of severance payments. It also specifies the identity and qualifications of the employee and the duration of his employment.

Duplicate

The job center certificate is a document to keep safe by the employee because the employer is not required in principle to issue a duplicate.

formalities

For reasons of proof, it is advisable for the employer to deliver the acknowledgment employment center to the employee by a letter sent by registered mail or delivered by hand against receipt.

Time limit

The certificate employment center must be issued to the employee on the date of termination of his employment contract, and this as well in case of resignation or dismissal of that end of CSD. The employee then sees deliver the acknowledgment along with his work certificate, any account balance and last payslip.
The date of submission of the certificate employment center - attached to the end of the day labor contract - is the same as the employee was exempt from notice or not.

If the employer's delay, the employee can claim compensation but he must prove the damage suffered.
The case law (judgment of the Supreme Court of 17 September 2014) considered before a late submission of the certificate employment center ENTAILED necessarily harm him (in this case, the certificate employment center had been given 8 days the end of the notice). The injury resulted from simple delay: the employee therefore did not have to demonstrate its loss once the attestation it has not been delivered in time. The jurisprudence of the Social Chamber of the Supreme Court reversed this interpretation in 2016: now, the employee must show that he actually suffered harm to be compensated.

Fines and penalties

By not calling the employment center certificate, the employer faces a fine of 1500 euros.

prud'hommes

Without certification, the employee may act to labor court asking that he be provided. Since August 1, 2016, the Bureau of Conciliation and guidance can make a decision that includes the elements contained in the certificate that the employee can register at employment center and touch his unemployment benefits.

allowances

The employee may also request compensation to the industrial tribunal if he can demonstrate that he has suffered damage because of the lack of employment center certificate. Such is not the case if the employee would anyway not touch jobless, his breaking act outlet producing the effects of a resignation that in principle no entitlement to unemployment (except in self resignation) (case No. 15-15982 made by the social chamber of the Supreme Court June 16, 2016).
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