industrial tribunal compensation

The Court of Cassation has just validated today (Wednesday, July 17, 2019) the cap on industrial tribunal compensation for unfair dismissal set by Article L.1235-3 of the Labor Code. This cap was the flagship measure of the labor code reform implemented by Emmanuel Macron.

In its opinion, the Court of Cassation considered that the device of this Macron scale was compatible with Article 10 of Convention No. 158 of the International Labor Organization (ILO). On the compatibility with Article 24 of the European Social Charter, the Court of Cassation recalled that these provisions had no direct effect in domestic law in a dispute between individuals.

If it is only a non-binding opinion of the Court of Cassation, it is a safe bet that it will be followed by most courts of appeal. The Paris Court of Appeal must also rule on September 25 on the question. We will follow with interest the decisions of the courts of appeal to intervene.

We are of course at your disposal to answer any questions you may have.

The social team of Richelieu Avocats

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