Since 1 January 2024, the refusal of a permanent contract by employees on fixed-term or temporary contracts can lead to the dismissal of their employer. abolition of unemployment benefit.
The’Article L1243-11-1 of the Labour Code has introduced new provisions. As an employer, if you are faced with a refusal of permanent contract positions, you must submit a request to the French authorities. declaration on the site France Travail.
Proposed position
The position offered on a permanent basis meets the following conditions:
- same job that the employee held at the time of the permanent contract or interim assignment
- use of same classification
- identical workplace
Job offer
From now on, you must notify in writing any offer of a permanent contract. This offer must be made before the fixed-term contract (CDD) or assignment contract expires.
In addition, the proposal must reasonable time to the employee to decide. Notification may be given by registered letter with acknowledgement of receipt or hand-delivered against discharge.
Declaration of refusal of a permanent contract
If the employee refuses, you must make a paperless declaration to France Travail. This declaration is made by creating a space on the démarches-simplifiees.fr website.
It is important to note that this refusal may, under certain conditions, deprive the employee of entitlement to unemployment benefit.
In order to enable France Travail to examine the unemployment benefit claim of the employee concerned, the employer is required to complete a specific form.
Consequences of refusing a permanent contract
From the 2nd refusal in the previous 12 months, the jobseeker will no longer receive compensation. They will continue to receive compensation if :
- he or she was employed on a permanent contract during the same 12-month period
- the offers he has refused do not correspond to his personalised employment access project (PPAE).
