Recent Case Law | Macron dismissal indemnity grid is not valid, according to certain French labour courts
A few French courts have considered that the Marcon dismissal indemnity grid is in contradiction with the international undertakings of France. This grid provides for minimum and maximum indemnites that a court can order in compensation of an employee’s unfair dismissal.They have held that this grid is incompatible with convention No. 158 of the International Labour Organization and the European Social Charter because it could fail to provide sufficient (or total) reparation of the harm suffered by the employee.
These judges have set aside the grid and ordered the employer to pay an indemnity that they set independently.
These legal battle is just beginning and could go on for a while : other tribunals are expected to give similar verdicts and the cases will go before the appellate courts, until the French Supreme court (Cour de Cassation) gives a final verdict and settles the issue.
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...