Since September 2017, damages due to employees dismissed without cause are regulated by what is now known as the “Macron Scale” (Law n°2018-217 of 29 March 2018 ratifying the ordinances of 22 September 2017).
The Macron Scale provides for a minimum and a maximum of damages that can be awarded by a judge depending on the seniority of the employee dismissed.
The conformity of the Macron Scale with different international rules (article 10 of the Termination of Employment Convention, 1982 (N°158), article 24 of the European Social Charter) was challenged by several employees’ Unions and one Union of lawyers. Some Employment Tribunals (“Conseils de prud’hommes”) had followed suit and ruled against the conformity of the Macron Scale with France international commitments, in order to award damages above the upper limit of the Macron Scale.
In two simultaneous opinions dated 17 July 2019, the French Supreme Court has stated that the Macron Scale is compatible with France international commitments.
These opinions considerably secure the termination of employment contracts in France and is a powerful message towards companies and investors in France.
If you want to know more about these opinions or need any advice on French Employment law, please contact us at contact@versant-avocats.com or +33 (0)1 88 32 11 11.
