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  5. 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

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
Newsletter / Recent Case Law

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…
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