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Sport: Attestation Pôle Employment: Principle, Content and penalties

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Attestation Pôle emploi : principe, contenu et sanctions © Nicolas Sandanassamy / Capital Attestation Pôle Employment: Principle, Content and penalties When breaking any contract of employment, the employer is required to give the employee a set of documents whose attestation for Pôle emploi. This attestation which is sent to Pôle Emploi and which is given to the employee must contain certain mandatory mentions such as the amount of the last remuneration paid to the employee. This attestation allows the employee to assert his rights to unemployment. In the event of a late award or absence of a submission of the certificate, the employee may seize the council of prud'hommes.attestation Pôle emploi: what is it?

The Attestation Pôle emploi is a certificate given by an employer when breaking the employment contract of an employee. This document is delivered regardless of the nature of the termination of the employment contract (dismissal, resignation, conventional termination ) and whatever the nature of the employment contract (fixed-term employment contract and employment contract with indefinite duration )

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The Pôle Employment certificate allows the employee leaving the company to assert his rights to unemployment benefits from the employment center who will take care of the eligibility of the employee with unemployment benefits and to calculate the daily amount of the return assistance. to work.

to note : Since June 1, 2021, Pôle emploi only accepts the valid employer attestations and rejects certificates from an old model.

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Delivery of the Attestation Pôle emploi

The Employment Center attestation is established by the employer who transmits it to Pôle emploi dematerialized via payroll software or via the online service Pôle emploi. Employers under 11 employees still have the opportunity to send the Attestation Pôle emploi by mail. The employer must also give a copy of the certificate to the employee. It must be transmitted on the end date of the employment contract.

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Content of the attestation Pôle emploi

The attestation of the employment center must mention:

the identity as well as the qualification of the employee, the duration of the employment of the employee within the company, the reason for the termination of the employment contract, the amount of remuneration paid over the last 24 months for employees under 53 years of age or in the last 36 months for employees of more than 53 years. 53 years. Accounting and recourse In case of dispute

The employer has the obligation to submit the employment center attestation to the employee whose contract of employment is broken even if the employee is resigned and that, therefore, he has not right to unemployment. If the employer does not respect this obligation, it incurs a fine of 1,500 euros.

If it is slowed to submit this certificate or if it does not wish to transmit it, the employee has the possibility of seizing the Prud'hommes in conservatory referral. The competent prud'hommes council to receive the application is either that of the place where the institution is located in which the employee performs his work, the place where the contract of employment has been signed, the head office of the company or From the place of the employee's home if the employee works at home. The employee must send to the Registry of the Prud'hommes Council an application by application by mail. The application must mention the applicant's details, those of the defendant, the purpose of the application and the explanatory memorandum of the application and the sums claimed by the applicant.

Note : The CERFA Form No 155586 * 09 allows the employee to formulate his application for the purpose of referring the Prud'hommes Council.

The seizure of the Prud'hommes council is free. Upon receipt of the request, judges have 72 hours to convene the employer and the employee and to make a decision. They may condemn the employer to submit this certificate to the employee under penalty and / or order the payment of damages because of the injury suffered.

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