New rules for cross-border workers in France
Unemployed workers have less leeway to refuse roles
Average salary calculations have been altered for transfrontaliers
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Cross-border workers may now find it tougher to receive unemployment benefits in France, after updates to what job offers are deemed “reasonable” for such candidates.
The change applies to all cross-border workers (those that live in France but work in another country) but especially to those in Luxembourg and Switzerland, where salaries can be significantly higher than in France.
The decree bringing the changes into effect was included in the French Journal Officiel on Friday March 21, after being approved by the government at the beginning of the year.
You can read the decree here.
What are the changes?
To receive unemployment benefits after a contract ends, workers must agree to a number of practices.
One of these includes the promise to accept any ‘reasonable job offer’ (offre raisonnable d’emploi, ORE) in their field.
Refusal of two OREs can lead to unemployment benefits being halted.
An ORE has to fulfil three criteria:
Correspond to the jobseekers profile and skills
Be located close to the jobseeker’s current location
Correspond to average salaries for the role in their area
The decree makes changes to this third criteria.
The ‘area’ looked at for roles will still include opportunities across the border, but salary levels for such roles will not be taken into account when calculating average wages.
Previously, some job postings that would otherwise fall under an ORE failed to do so because they were located in France and therefore paid lower than counterparts across the border for the same role.
“From now on, [this third criteria] will be the salary usually paid in the research area, but only in France,” said Minister of Labour, Astrid Panosyan-Bouvet, to French media outlet Capital.
“There is no question of modifying the amount of compensation for cross-border jobseekers, nor their duration of compensation.”
For example – if a French cook working in Switzerland but living in France sees her contract end, she is eligible for unemployment benefits while she looks for a new role.
However, despite her previous salary in Switzerland being equivalent to €5,000 per month, if a role based nearby in France offers €2,000 – the average for a chef in the area – it counts as an ORE.
“A cook is naturally free to look for a job in Switzerland at the Swiss salary level if he or she so wishes. But if he looks for work in France, he must expect a French level, and an offer at that level will be considered reasonable,” Ms Panosyan-Bouvet said of the above example.
Read more: Drivers in Switzerland need new ‘motorway sticker’: Are French vehicles included?
Further restrictions
A trial of several France Travail (formerly Pôle Emploi, or jobseekers) agencies in border regions is currently taking place which limits the jobs offered outside of France.
Employment opportunities outside of France are considered for only two months, before searches cover only roles inside of France.
It is a plan to help address the €800 million annual unemployment benefit cost for cross-border workers.
Read more: How France Travail can help you find employment