Parliamentary question on the reform of the professional retraining project
A senator who noted the complicated procedure of the retraining system provided for resigning employees is asking the government to reform it to increase the number of beneficiaries.
By Nathalie Blanpain – December 14, 2022.
Written question number 00521 from Mr. Pierre Charon (Paris – The Republicans)
published in JO Senate of 07/07/2022 – page 3402
Mr. Pierre Charon draws the attention of the Minister of Labour, Full Employment and Inclusion to the necessary reform of the professional retraining project (PRP).
The resignation scheme with the professional retraining project (PRP) started in November 2019 by the decree of July 2019 taken following the law n° 2018-771 of September 5, 2018 for the freedom to choose one’s professional future .
In his report, the Pôle emploi mediator said that its practical implementation is far from the simplicity of the initial commitment, as it includes rather complex preconditions. Many candidates for this new right, discover at the end of a tedious process, that they are not eligible for the device, when they resign.
As the mediator of the Pôle Emploi noted: “The spirit of this new law seems to be distorted by a very complicated procedure. »
Candidates for professional retraining must have the means to make their decisions in an informed way, by informing them, before they resign from their jobs, of the conditions of financial support for their project . It is urgent to conduct a reflection on the articulation of the interventions of the various actors who manage this system.
Furthermore, as mentioned by the employment ombudsman, the commitment is to open to those who resigned the right to collect unemployment insurance and to make accessible to all French people the freedom to perform or choose their work.
However, employees under a private law contract who want to resign as part of a professional retraining project are not eligible for the scheme when their employer is in the public sector, i.e. self-insured for unemployment compensation, with the event of a management agreement with Pôle emploi. These resigners were never informed that they could not enter the system and, therefore, did not benefit from the return to work allowance (ARE).
The study of the impact of the bill “Professional Future” estimates that the number of beneficiaries of this measure is between 17,000 and 30,000 compensations per year.
In fact, according to the “Cadremploi.fr” site, the number of beneficiaries will be close to 6,300 as of November 1, 2019!
He asks him to confirm these figures and if he plans to reform the system, that the system has “been led astray by an overly complicated procedure” as mentioned by the work mediator.
Response from the Ministry of Labour, Full Employment and Integration
published in the JO Senate of 24/11/2022 – page 5962
The “resignation-retraining” system involves several operators: the employee must carry out, before the opening of the right, a phase of formalization of his professional project with a professional development advice operator (CEP), then recognition on the real and serious nature of this project related to Transitions Pro. The involvement of these various actors forms a “safety net” for the employee. This method aims to avoid insufficient preparation of resignations that can lead to the failure of the employee’s professional mobility plan and risk reducing their chances of quickly finding a job. Consulting the CEP advisor before the resignation offers the employee the possibility to benefit from personalized support to prepare his professional project, identify the skills or qualifications to be recognized, acquired or developed and to develop a plan of action. for the implementation of this project and, if necessary, direct the employee towards alternative resignation measures (transitional CPF, etc.). In this context, it is up to the CEP advisor to identify with the employee the possible sources of financing for the training project or to establish the financial conditions for the project to create or take over the company. The control of Transitions Pro associations on the real and serious nature of the professional project aims to ensure the stability of the candidate’s project, especially in terms of funding, to avoid any hasty resignation contrary to the candidate’s interest in retraining . . In considering the training projects, the Transitions Pro association is required to verify the consistency, relevance and knowledge of the employee in the funding methods allocated. In considering projects to create or take on a business, the real and serious nature is assessed with regard to the steps taken by the person to determine the financing needs, the financial resources as well as the technical and human company way. Finally, if the number of beneficiaries of the proposal is initially lower than the Government’s goals, as shown in the study of the impact of the law of September 5, 2018 on the freedom to choose a person’s professional future (initial annual goal of 17 000 to 30 000 beneficiaries ), this can be explained by the necessary allocation of the system of the actors concerned, and in the context of the health crisis of 2020 that may lead some candidates to resign to postpone or give up their project. professional mobility. Today, the number of beneficiaries of the scheme is higher, due to continuous development. As of September 30, 2022 and since the creation of the system, the employment center has recorded 29,544 entitlements, including 11,187 for the year 2022 alone.