19/02/16

Law of December 18th 2015 - Unemployment Compensation Arrangements

So far, the Labour Code provided an apprenticeship for occupational reintegration purposes (“stage de réinsertion professionnelle”) for every job seeker who was 30 years old or more, and who was registered at the “Agence pour le développement de l’emploi” (hereinafter the “ADEM”) since at least 3 months.

"The law of December 18th 2015 relating to unemployment compensation arrangements (“modalités d’indemnisation de chômage”) (hereinafter the “Law”) replaces the current system of the apprenticeship for occupational reintegration purposes by:"

1. a professional training course (“stage de professionnalisation”) (hereinafter the “Course”), and

2. a contract of occupational reinsertion (“contrat de réinsertion-emploi”) (hereinafter the “Contract”).

The employer is not obliged to pay any salary to the jobseeker during the Course.The Course may not exceed the duration of 6 weeks (9 weeks if the jobseeker is highly qualified). To benefit from the Course, the jobseeker must be registered at the ADEM for at least 1 month, and must satisfy at least one of the following conditions:

  • being at least 45 years old, or
  • having the status of an external redeployed employee, or
  • having the status of a handicapped employee.

If a jobseeker, who benefits from an unemployment allowance, completes a Course, he/she will remain entitled to an unemployment allowance, which will be increased by a supplementary allowance of EUR 323 (index 775.17) on a monthly basis.A jobseeker who does not benefit from any unemployment allowance will benefit from an allowance of EUR 323 (index 775.17). The time spent on the Course is taken into account as a qualifying period giving entitlement to full unemployment benefits.

The concept of the Contract provides alternating periods of practical training and theoretical training. The Contract is concluded between the employer, the jobseeker and the ADEM. The employer must appoint a guardian whose task is to assist the jobseeker for the duration of the Contract. To benefit from the Contract, the conditions are the same as those set for the Course. The jobseeker is also entitled to the supplementary allowance of EUR 323 (index 775.17). The time spent on the Contract is taken into account as a qualifying period giving entitlement to full unemployment benefits.

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