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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The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020
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L&E Global awarded “Elite” status for Global-Wide Employment Law Networks by Chambers Global 2019
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When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
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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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Looking forward | Coming in March 2019: Gender Equality in Businesses
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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...
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In focus: Macron’s response to the Yellow Vests
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / New legislationAfter a great deal of public debate and calls for reform, French president Em...
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Do’s & Don’ts | This month: Pre-dismissal interviews
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Do’s and Dont’sIn France, there are strict rules and procedures to follow in the process of...