Unfair or null dismissal: Should the employer or employee repay unemployment benefits?
Verified 18 February 2025 - Directorate for Legal and Administrative Information (Prime Minister)
The labor court may find that a dismissal has no real and serious cause: this is called a unfair dismissal. He can also cancel a dismissal: in this case, the dismissal is loose. When the employee received unemployment benefits between the dismissal and the judge's decision, the employer must in some cases reimburse them. The employee may also be obliged to repay the allowances received. We're doing an update on the regulations.
The regulations vary according to the length of service of the employee in the company and the number of employees in the company:
Less than 11 employees
The regulations also vary depending on whether the dismissal is judged without real and serious cause or loose.
No, the employer must not repay unemployment benefits paid to the employee.
No, the employee must not repay the unemployment benefits he received.
Yes, the employer must repay in France Travail (formerly Pôle emploi) all or part of the unemployment benefits paid to employees when the dismissal was declared null and void in the following situations:
- Dismissal for one discriminatory ground (for example, an employee who is laid off as a result of the exercise of his right to strike)
- Dismissal of the employee following his legal action on compliance with the principle of non-discrimination
- Dismissal following his legal action on compliance with the principle of occupational equality between women and men
- Dismissal of the employee who is the victim of psychological harassment or having recounted or testified about such acts
- Dismissal of the employee who is the victim of sexual harassment or having recounted or testified about such acts.
The labor council orders the employer to reimburse the unemployment benefits paid to the dismissed employee.
France Travail is informed of the judgment and takes care of the overlay allowances with the employer.
The employer must reimburse France travail for the unemployment benefits paid to the employee between the date of his dismissal and the date of the judgment declaring the dismissal void.
However, the refund is limited to 6 months allocation.
Depending on whether the employee is protected employee (e.g. former member elected to the ESCESC : Social and Economic Committee, employee's advisor, labor counsellor) or not, he may be required to repay the unemployment benefit he has received:
General case
No, the employee must not repay the unemployment benefits he received.
Protected employee
Yes, the protected employee must repay the unemployment benefits he received if all the following conditions are met :
- Dismissal declared void due to the absence of authorization from labor inspection
- Reinstatement of the employee in the company
- Employer's Conviction to pay the employee a sum corresponding to wages he should have received between dismissal and reintegration.
The prud'homme council order the employee to repay unemployment benefits he has received after his dismissal.
France Labor shall be informed of the judgment and shall take charge of the overlay allowances to the employee.
The employee must reimburse France travail all unemployment benefits that he has received between the date of his dismissal and the date of his reintegration into the company.
11 or more employees
The regulations vary depending on whether the dismissal is judged without real and serious cause or loose.
Based on seniority of the employee, the judge may order the employer to reimburse the unemployment benefits received by the employee after his dismissal:
Répondez aux questions successives et les réponses s’afficheront automatiquement
The employee has less than 2 years' service
No, the employer must not repay unemployment benefits paid to the employee.
The employee has 2 years of seniority or more
Yes, the labor council may order reimbursement by the employer unemployment benefits paid to the employee between the date of his dismissal and the date of the judgment declaring the dismissal unfair.
FYI
The amount of the refund shall be fixed by the Labor Council. He is limited to 6 months unemployment benefit.
Vous avez choisi
Choisissez votre cas
The employee has less than 2 years' service
No, the employer must not repay unemployment benefits paid to the employee.
The employee has 2 years of seniority or more
Yes, the labor council may order reimbursement by the employer unemployment benefits paid to the employee between the date of his dismissal and the date of the judgment declaring the dismissal unfair.
FYI
The amount of the refund shall be fixed by the Labor Council. He is limited to 6 months unemployment benefit.
No, the employee must not repay the unemployment benefits he received.
Yes, the employer must repay in France Travail (formerly Pôle emploi) all or part of the unemployment benefits paid to employees when the dismissal was declared null and void in the following situations:
- Dismissal for one discriminatory ground (for example, an employee who is laid off as a result of the exercise of his right to strike)
- Dismissal of the employee following his legal action on compliance with the principle of non-discrimination
- Dismissal following his legal action on compliance with the principle of occupational equality between women and men
- Dismissal of the employee who is the victim of psychological harassment or having recounted or testified about such acts
- Dismissal of the employee who is the victim of sexual harassment or having recounted or testified about such acts.
- Dismissal pronounced in the absence of a decision to validate or approve the job protection plan or sound cancelation for insufficiency of the plan for safeguarding jobs in a company employing at least 50 employees.
The labor council order reimbursement by the employer unemployment benefits paid to the redundant employee.
France Labor shall be informed of the judgment and shall take charge of the overlay allowances with the employer.
The employer must reimburse France travail for the unemployment benefits paid to the employee between the date of his dismissal and the date of the judgment declaring the dismissal void.
Refund is limited to 6 months allocation.
Depending on whether the employee is protected employee (e.g. elected on ESCESC : Social and Economic Committee, employee's advisor, labor counsellor) or not, he may be required to repay the unemployment benefits he has received.
General case
No, the employee must not repay the unemployment benefits he received.
Protected employee
Yes, the protected employee must repay the unemployment benefits he received if all the following conditions are met :
- Dismissal declared void due to the absence of authorization from labor inspection
- Reinstatement of the employee in the company
- Employer's Conviction to pay the employee a sum corresponding to wages he should have received between dismissal and reintegration.
The prud'homme council order the employee to repay unemployment benefits he has received after his dismissal.
France Labor shall be informed of the judgment and shall take charge of the overlay allowances to the employee.
The employee must reimburse France travail all unemployment benefits that he has received between the date of his dismissal and the date of his reintegration into the company.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry responsible for labor.
Challenges and penalties for irregularities in dismissal