The principle: The new article L1235-3 of the Labour Code, based on the Macron Ordinance of 22 September 2017, introduces a scale concerning the compensation due by the employer in the event of dismissal without real and serious cause. From now on, the maximum the employee will be able to receive is 20 months' salary for at least 30 years' seniority.

In practice: On the one hand, the Troyes Labour Court ruled on 13 December last year (Cons. Prud'h. Troyes 13-12-2018 No. 18/00036) that this scale was not in conformity with the European Social Charter and the ILO Convention to prevent its application. On the one hand, he argues that this scale does not deter employers who wish to get rid of a cumbersome employee.

On the other hand, it globalizes the situation of dismissed employees without any real and serious reason and does not make it possible to compensate fairly for the damage suffered individually.

The Troyes Labour Court therefore awarded compensation of 9 months' salary, whereas the application of the scale would have allowed her to obtain 3 months' salary given her low seniority. Amiens and Lyon followed the reasoning of the Troyes Labour Court in its decisions of 19 and 21 December 2018.

However, in September 2018, the Le Mans Labour Court ruled that this scale could be applied unless "in the event of a particularly serious breach by the employer" (Cons. prud'h. Le Mans 26-9-2018 n° 17/00538). A real legal uncertainty has arisen for employers, while the purpose of these orders was to facilitate the fluidity of the labour market.

To be continued.......