the Court of Cassation validates the “Macron scale”

Judicial epilogue for the Macron scale : the Court of Cassation validated this Wednesday 11 May this flagship and highly contested provision of the beginning of the first five years of the President of the Republic, which led to the ceiling of compensation for unfair dismissal of labor judges.

The Court found that the staircase was not “not contrary” in article 10 of Convention no. 158 of the International Labor Organization (ILO), which provides that in the event of unjustified dismissal, the judge can order the payment of compensation “adequate” to the employee. It also ruled out the possibility of derogation “Even case by case” application of the ladder.

The continuation after the announcement

the Macron scale entered into force in September 2017 by ordinance – despite strong opposition from trade unions – and was validated by the Constitutional Council in 2018. It abolished the minimum six-month allowance for employees with at least two years of seniority and limited from one to twenty months of the gross salary, depending on seniority, of the damages due in the event of unfair dismissal (excluding dismissal for harassment or discrimination).

The plenary assembly of the Court of Cassation had already issued a favorable opinion on the scale in July 2019, but this opinion did not bind it, nor all the trial judges, and several appellate courts had decided not to do so. .

“Legal security”

The social chamber of the Court of Cassation, which met in plenary session on March 31, examined the appeals filed in four cases. In one of them, the most exemplary, the Paris Court of Appeal had ruled out the application of the scale in March 2021, while the sum provided for by the latter “barely half of the damage covered” suffered by the worker, whose seniority was less than four years.

At the hearing on March 31, the first Advocate General, Anne Berriat, invited the Court of Cassation to validate the reasoning of the Court of Appeal. Without questioning the scale itself, she felt that the judges had the right to evaluate “concretely” (in concrete terms with respect to each specific situation) if the remuneration received were “adequate”.

The continuation after the announcement

Goodyear convicted of the unfair dismissal of 832 employees at the former Amiens plant

But for the Court of Cassation, this control “concretely” would create “due to the uncertainty of the litigants on the applicable rule of law” And “would threaten the principle of equality of citizens before the law”.

The lawyer of one of the employers behind the appeals, Mr.And François Pinatel welcomed this decision. “The law must be the same for everyone, whether it punishes or protects. The actual verification would have been a poison for the legal system “he said on Twitter. Reached by the AFP, CPME President François Asselin also welcomed a position that “it will protect employers in the potential field of litigation, without taking anything away from employees”.

A “scandalous” decision.

“Enable tightening and standardization of wages for employees in the same situations, the scale […] offers greater predictability in the employment relationship and has allowed the development of alternatives to litigation, which ultimately contributes to a continuous increase in hiring with permanent contracts “for its part, the Ministry of Labor underlined in a statement.

-50% the first year with Google

By choosing this promotional subscription path, you agree to the deposit of an analytics cookie by Google.

The CGT, on the other hand, denounced a decision “scandalous”and promised to do so “continue the fight against the balance and for workers’ rights”. FO, based on the findings of a recent report approved by the ILO Governing Body, indicated that it was considering “Call the government to review its legislation”.

The continuation after the announcement

This report was included in the proceedings during the hearing at the end of March. Validating the principle of a ladder, he invited “the government to review periodically, in consultation with the social partners, the terms of the compensation scheme” so as to ensure that it allows a “Adequate compensation for the damage suffered for unfair dismissal”.

Leave a Comment