One of the Macron ordinances of September 2017 set up a compensation scheme in the event of dismissal without a real and serious cause, providing for a minimum and maximum amount of compensation, adjusted according to the seniority of the employee. This scale has always given rise to difficulties of application before the industrial tribunals, with some tribunals refusing to apply it.
On 10 April 2019, the Labour Court of Louviers decided to appeal to the Court of Cassation for an opinion on the question of the scale’s conventionality.
The Court of Cassation has 3 months to decide, so its decision is expected 8 July. But it is very likely that it will refuse to give an opinion, given its jurisprudence in this area. In its view, the question of the compatibility of a provision of domestic law with an international convention does not fall within the opinion procedure.
The Paris Court of Appeal was also seized of the question, its answer is expected at the end of September. The Court of Appeal should also rule on a judgment refusing the application of the scale. In the meantime, legal uncertainty remains for companies.