The saga of the Macron dismissal indemnification scale continues : a court of appeal admits that it is possible to rule out the application of the scale when an application of the ceiling would result in a disproportionate infringement of the employee’s r
Published on :
17/10/2019
17
October
Oct
10
2019
One of the Macron Orders of September 2017 established a compensation scale in the event of termination of employment without real and serious cause, providing for a minimum and maximum amount of compensation, adjusted according to the employee’s length of service in the company. This scale has, since the beginning, sparked controversy.
Following the opinion of the Supreme Court of 17 July, which held that the scale is consistent with the ILO Convention 158 and Article 24 of the European Social Charter , and provides adequate compensation , the Court of Reims ruled on the application of the scale .
It states that, even in the presence of an instrument deemed compliant, an employee may ask the judge to carry out a review of the application that may be made of the scale in the particular circumstances of a case. And if these particular circumstances cause the application to result in a disproportionate infringement of the employee's rights, the judge is authorized to exclude the application of the ceiling to award compensation in an amount he freely determines.
Thus, the debates around the Macron indemnity scale continue to rage on…
History
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Recent case law | Delivering a copy of the mutually agreed termination to the employee
Published on : 06/11/2019 06 November Nov 11 2019Newsletter / Recent Case LawAt the time of the signature of the agreement of a mutually agreed terminati...
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The saga of the Macron dismissal indemnification scale continues : a court of appeal admits that it is possible to rule out the application of the scale when an application of the ceiling would result in a disproportionate infringement of the employee’s r
Published on : 17/10/2019 17 October Oct 10 2019Newsletter / Recent Case LawOne of the Macron Orders of September 2017 established a compensation scale i...
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Any employee exposed to a harmful or toxic substance may, under certain conditions, seek compensation from his employer, due to the obligation to ensure the safety of employees
Published on : 16/10/2019 16 October Oct 10 2019NewsNewsletter / Recent Case LawUnder French law, the “anxiety damage” helps to indemnify the situation of pe...
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Recent case law | Challenges to the Mandatory Indemnity Scale for Unfair Dismissals
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / Recent Case LawOne of the Macron ordinances of September 2017 set up a compensation scheme i...
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Recent case law | Equal treatment and company collective agreements
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawOn April 3, 2019 the French Supreme court (Cour de cassation) put a halt on i...
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Recent case law | Use of Geolocation tools to monitor working time
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawIt happens quite often that companies put in place a geolocation system to mo...
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Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawAccording to the labor code, during the time of the absence due to an industr...
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When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights.
Published on : 18/03/2019 18 March Mar 03 2019NewsNewsletter / Recent Case LawSometimes, upon the termination of the contract, the employer and the employe...
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Recent Case Law | Macron dismissal indemnity grid is not valid, according to certain French labour courts
Published on : 21/01/2019 21 January Jan 01 2019NewsNewsletter / Recent Case LawA few French courts have considered that the Marcon dismissal indemnity grid...
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Recent case law | Delivery messengers, couriers…employees? The Supreme Court says yes !
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Recent Case LawThe French Supreme Court recently handed down a very important decision for t...