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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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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