Dear Madam, Dear Sir,
The “Macron”-scale sets the damages due in case of unfair dismissal for all dismissals notified since September 24th, 2017.
Nevertheless, many Labour Tribunals and Appeal Courts did not follow this scale, even since the French Supreme Court stated on July 17th, 2019 that it complied with the Termination of Employment Convention No. 158 of the International Labour Organisation (ILO).
On March 16th, 2021, the Paris Court of Appeal rejected the application of the “Macron”-scale, considering that the compensation provided was neither adequate nor appropriate.
The employee who was dismissed without real and serious cause was 53 years old and had less than 4 years of seniority at the date of the termination of her employment contract. The Paris Appeal Court considered that the compensation provided for in the “Macron”-scale (between 3- and 4-months’ salary) would “barely [correspond to] half of the loss suffered in terms of reduction of financial resources since the dismissal“. It ordered the employer to pay the employee concerned damages for unfair dismissal equivalent to 7 months’ salary, i.e. almost twice the maximum compensation provided for by the “Macron”-scale.
In our opinion, this should not be seen as a permanent refusal by the Paris Appeal Court to apply the “Macron”-scale, regardless of the circumstances, but much more as an intention to adapt the compensation to each individual case, so that it comes as close as possible to the damage suffered by the dismissed employee.
Please find enclosed our infographic on this topic, available in 3 languages (French, German, English), which will give you a quick and easy overview: Damages before the Labour Courts in France.
Our team is of course at your disposal for any advice you may require.
Avocat à la Cour
Société juridique & fiscale franco-allemande
153 bd Haussmann – 75008 Paris – France
Tel: +33 (0) 1 53 93 94 00
Fax: +33 (0) 1 40 74 04 06