Recent case law | Challenges to the Mandatory Indemnity Scale for Unfair Dismissals

Published on : 29/07/2019 29 July Jul 07 2019

One of the Macron ordinances of September 2017 set up a compensation scheme in the event of dismissal without a real and serious cause, providing for a minimum and maximum amount of compensation, adjusted according to the seniority of the employee. This scale has always given rise to difficulties of application before the industrial tribunals, with some tribunals refusing to apply it.
This spring, the Labor Court of Louviers decided to appeal to the Court of Cassation for an opinion on the question of the scale's conventionality.
On Wednesday 17 July 2019, the plenary assembly of the Court of Cassation delivered its opinion on the conventionality of the compensation scale.
The Court of Cassation has considered that the scale applicable to the compensation for dismissal without real and serious cause complies with international conventions.
According to the Court, the European Convention of Human Rights, and in particular Article 24, are not directly applicable and therefore individuals cannot rely on it in litigation proceedings before the national courts.
In addition, the Court judged that the scale complied with ILO Convention 158 as it allowed for adequate compensation for the employee's prejudice, as required by Article 10 of the Convention.


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