In an opinion issued on July 17, 2019, the Court of Cassation held that the scales provided for in Article L. 1235-3 of the Labour Code , known as the Macron scale, were not contrary to international conventions and treaties, in this case Articles 6 & 1 of the European Convention on Human Rights, 24 of the European Social Charter and 10 of Convention No. 158 of the International Labour Organisation.
As a reminder, a period of uncertainty arose regarding the validity of the so-called Macron scales after a growing number of labor courts rejected their application. These courts considered the Macron scales to be contrary to the aforementioned legal texts, arguing that they would not allow for "adequate" for the harm suffered by an employee whose dismissal lacked a genuine and serious cause.
The aforementioned international conventions and texts stipulate that member states must offer adequate compensation or appropriate redress to employees whose dismissal is unjustified. Seized within the framework of an advisory procedure, the Court of Cassation held that the term "adequate" should be understood as allowing states a degree of discretion, and that in this case, the French state, by establishing a scale of compensation for dismissals lacking a genuine and serious cause, had merely exercised its discretionary power.
This opinion from the Court of Cassation thus confirms the validity of the so-called Macron scales and should therefore put an end to the period of uncertainty that had begun.
However, the fact remains that this is only an opinion from the Court of Cassation, which is not binding on lower court judges. It is therefore possible that some labor courts or courts of appeal will resist, pending a future decision from the Court of Cassation, this time rendered within the scope of its jurisdictional powers.
As a reminder, the so-called Macron scales provide for the payment of compensation for dismissal without real and serious cause, ranging between minimum and maximum amounts.
