Unemployment insurance: a computer bug on the “bonus-malus” of 6000 companies

“Computer bug” that “skewed the calculation” for 6,000 companies. Here is an amusing discovery regarding the bonus-malus system put in place by the previous Unemployment Insurance Reform to combat the abuse of short contracts, made this Wednesday morning after reading the Official Journal.

Emmanuel Macron’s 2017 campaign promise, the bonus malus, which went into effect in September, is to modulate the employer’s unemployment insurance contribution of 4.05% of the payroll up (malus) to a ceiling of 5.05% or down (bonus). up to half 3%, depending on the “degree of separation” of the companies. This “layout rate” corresponds to the number of completed contracts – excluding layoffs – or temporary appointments followed by registration with Pôle emploi, compared to the company’s workforce.

Employers strongly object, this mechanism, which emerged from the 2019 unemployment insurance reform, is aimed at encouraging companies to increase the length of the proposed employment contracts. The measure, which targets seven sectors that are large consumers of short contracts, was presented as a counterpart to rules tightening unemployment benefits.

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In September, 18,000 companies were affected in the first year of filing, including a large third of those fined (37%). However, the decree, published on Wednesday in the official journal, explains that “a computer error has affected the data regarding the level of separation of certain companies,” which relates to the bonus malus. In total, 6,000 companies suffered from a computer error, the Ministry of Labor specified.

Companies that paid the overpayment “in September-November” will be refunded, while those that “were notified of a modulated rate lower than their real rate” will be informed of their new rate “but will not be held responsible for the difference in September-November” – continued in the ministry, without specifying the amount.