Law firm specialising in employment law
and social security law.
Law firm specialising in employment law
and social security law.
As job seeker, you have received unemployment benefits. In certain circumstances (error, lack of entitlement, omission, etc.), France Travail (formerly Pôle emploi) may request reimbursement. This right to repayment exists even in the absence of fraud or false declaration : it is sufficient that the payment was made without justification.
What is the procedure and how can you defend yourself? Let's take a look.
France Travail can recover any overpayment.
As soon as France Travail notices an overpayment, they inform the beneficiary by letter, which must contain several mandatory details (the reason for the overpayment, the nature and amount of the sums claimed, the date of the payments concerned, the means of appeal (deadlines and procedures) - Unédic Regulations ).
The recipient receives the letter by registered mail with acknowledgement of receipt.
Several steps must be followed when a job seeker contests a request for reimbursement of an overpayment under Article R.5426-19 of the Labor Code .
This is a mandatory step if the claimant disputes the existence, amount, or reason for the overpayment. This appeal must be filed within two months of notification of the overpayment, either by registered mail with return receipt requested or via their online personal account .
France Travail must verify the validity of the overpayment and, if necessary, confirm in whole or in part the amount claimed.
At the end of the two-month period following notification :
Note: France Travail has a 3-year statute of limitations to claim an overpayment (10 years in cases of fraud or false declaration) pursuant to Article L.5422-5 of the French Labor Code . The limitation period begins on the date of payment.
If the request is rejected, or if France Travail does not respond, you can appeal to the Judicial Court or the Administrative Court which is competent depending on the nature of the contested decision.
You will have two months to do so from the notification date of the decision by France Travail.
Another option: request mediation if the complaint remains unsuccessful.
If you are not satisfied with the response provided by France Travail, you can contact the regional mediator of France Travail.
The mediator intervenes independently and aims to facilitate dialogue between you and the services of France Travail in order to seek, where possible, an acceptable solution for both parties.
In certain cases, prior mediation is mandatory (MPO) ( Article R.5312-47 of the French Labor Code ). This applies in particular to decisions regarding sanctions, termination of registration, or change of category, decisions concerning certain allowances paid by France Travail, or requests for reimbursement of overpaid public benefits. Mediation must therefore be carried out before any legal action is taken.
If you do not dispute the overpayment, France Travail may deduct amounts from your benefits. These deductions are capped (notably 20% for certain specific benefits – article R.5426-18 of the French Labour Code ).
In the event of non-payment, a formal notice and then a payment order may be issued pursuant to Article R.5426-20 et seq. of the French Labor Code . This payment order must be challenged within fifteen days to the competent court.
When the amount of the overpayment justifies it, France Travail can propose a payment plan, established according to the beneficiary’s resources.
The claimant may request a full or partial remission of the overpayment, based on social criteria and the circumstances of the error ( Unédic Circular 2023-08 of July 26, 2023, Fact Sheets 1 § 6.5.1 and 12 § 2.3 ). The request must be made within one month of notification of the overpayment.
To assess the validity of the application and evaluate repayment capacity, the file must include a form listing all household income and expenses, along with the corresponding supporting documents. This information allows an objective analysis of the financial situation.
The rebate may also be partial, leaving a fraction of the overpayment to be borne by the recipient: this sum must then be reimbursed in accordance with the terms established with France Travail.