Do you plan to quit your job in 2019 to build your own box and dream of becoming your own boss? Do you want to breathe new life into your professional career? Quitting would be the fastest solution for you to turn the page but you probably cannot afford to be deprived of financial resources. There are alternatives to resignation. How to break your employment contract and touch unemployment? With the best work comp lawyer you may find the solutions.
Quit from work
In principle, only employees who are involuntarily unemployed can claim unemployment unless their resignation from the permanent contract is considered a legitimate resignation.
You resign to follow your spouse who changes their place of residence to start a new job.
Benefit from unemployment benefits during a resignation
For other employees who resign, they cannot claim unemployment benefits, since they are not involuntarily unemployed.
Even if, since 1 January 2019, the Labor Code provides for the possibility for employees who have resigned to receive unemployment benefits when they meet specific prior activity conditions and are pursuing a job retraining project requiring training or training. a project to create or take over a business, in practice this device is not yet applicable.
Two decrees specifying the conditions of application were published on 28 July 2019 (2). They provide, in addition to the conversion project, a minimum seniority of 5 years in the company. They also provide for entry into force from 1 November 2019. Therefore, do not rush to resign, as this system is not yet applicable.
Other, less risky ways of breaking out allow you to leave your job while affecting unemployment.
Sign a conventional break
You can propose to your employer to terminate the contractual relationship that binds you to a permanent contract, by mutual agreement.
Sign a conventional break allows you to benefit from unemployment benefits from the end of the employment contract of indefinite duration, with application of a waiting period, a deferred compensation paid leave and a specific deferred compensation.
However, you cannot force your employer to sign a conventional break.
You will have to be persuasive. Here are all our tips for negotiating your conventional breakup.
Conventional break: tips to negotiate well
Do you need more comprehensive support to negotiate a conventional break with your employer? Our file gives you all the keys necessary to convince your employer to accept your request.
To negotiate a conventional break
Breaking the contract to the employer’s wrongs
When your employer commits serious breaches of his contractual obligations and despite your solicitations, he takes no action for the situation to improve, you can break your employment contract to the detriment of it.