By Jean-Baptiste Vienne, Partner and Audrey Essaghe
In a report of March 23, 2022 not yet published, seized by the CGT and FO, the European Committee of Social Rights (CEDS) deems that the cap on industrial tribunal indemnities in the event of unjustified dismissal, established by Ordinance No. 2017-1387 of September 22, 2017 (known as the "Macron Scale") constitutes a "violation" of Article 24 of the European Social Charter, in that it does not guarantee the employee's right to adequate compensation or other appropriate redress.
As a reminder, the scale, recently validated by two decisions of the Court of Cassation (No.21-14490 & 21-15247) caps the damages due in the event of dismissal “without real and serious cause” according to the seniority of the employee (C. trav., art. L.1235-3).
The Court of Cassation had however anticipated that “ the decisions made by the CEDS will not produce any binding effect under French law "thus definitively ruling out the binding nature of the provisions of the European Social Charter before the domestic courts, insofar as they create obligations only for the signatory States and that the control of compliance with this standard is entrusted to the European Committee of Social Rights (CEDS), which does not have a jurisdictional character.
decision rendered by the European Committee of Social Rights will therefore cause a very strong boost of energy for opponents of the scale and undoubtedly constitutes a moral victory for them.
The committee's decision will be officially published no later than September 26, 2022.
Jean-Baptiste Vienne
Partner
He assists in advice and litigation, a clientele of French and international companies.
He has developed particular experience in the field of litigation, both individual and collective, in particular in matters of discrimination, equal treatment, psycho-social risks and occupational safety. He regularly defends executives and business leaders before the correctional courts.
