In an opinion delivered on July 17, 2019, the Court of Cassation considered that the scales provided for in article L. 1235-3 of the Labor Code , known as the Macron scale, were not contrary to international conventions and treaties, in that 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 Labor Organization.
As a reminder, a period of uncertainty had opened up on the validity of the so-called Macron scales after an increasing number of industrial tribunals ruled out the application of said scales. These councils considered that the so-called Macron scales were contrary to the aforementioned texts, on the grounds that these scales would not allow "adequate" for the damage suffered by an employee whose dismissal was devoid of real and serious cause.
The aforementioned conventional and international texts provide that Member States must offer adequate compensation or appropriate reparation to employees whose dismissal is unjustified. Seized within the framework of an opinion procedure, the Court of Cassation considered that the term "adequate" must be understood in that it leaves a margin of appreciation to the States and that in this case, the he French State, by setting a scale of compensation for dismissals without real and serious cause, had only used its discretion.
This opinion of 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 which had opened.
However, the fact remains that it is only an opinion of the Court of Cassation, which does not bind the trial judges. It is therefore possible that some industrial tribunals or some courts of appeal will resist, until a next decision by the Court of Cassation, but rendered this time within the framework of its jurisdictional power.
As a reminder, the so-called Macron scales provide for the payment of compensation for dismissal without real and serious cause between minima and maxima.
