Question 19038 — employment and activity

Summary

Mr. Fabrice Le Vigoureux draws the attention of the Minister of Labor to the situation of people who wish to create their business before the end of their conventional termination process, and more specifically to their right to the return to work assistance allowance (ARE). Article 60 of Law No. 2018-771 of September 5, 2018 provides that “the job search condition required to benefit from replacement income is satisfied as soon as when the interested parties are registered as job seekers and carry out, on their own initiative or at the suggestion of one of the organizations mentioned in Article L. 5311-2, positive and repeated acts with a view to finding a job, creating, taking over or developing a business. » As part of a “classic” conventional termination, the person can register or pre-register with the Pôle emploi organization so that the Return to work assistance allowances are paid at the end of the process, depending on the employee's rights. If the business creation occurs a few weeks after the opening of its rights, the ARE is then adjusted. However, in the context of a business creation which would take place before the effective end of the employment contract, the compensation procedure seems vague, or even non-existent. The person who wishes to create his company can find itself without resources: it cannot receive the ARE despite the absence of profits generated by the newly created company. Thus, he questions him on the answers that the Government can provide so that these future players in entrepreneurial life can develop France's economic activity with complete peace of mind.

Machine translation from French. The official text remains authoritative.

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