If the pre-dismissal negotiation between you and your employer does not reach any satisfactory conclusion (or, if there is no negotiation), and if your employer persists in his dismissal project against you, and if you find it unfair and groundless (without a reel & serious cause), then the next step is to take this dispute to Labor court (Conseil de Prud’hommes in France).
First of all, a conciliation proposal is made, through the Conciliation Office and a compensation scale can be applied then (Law of June 24, 2013, see article on “Law, Labor Court & Conciliation). If you regard this scale as too low and refuse it or, if the conciliation does not prosper for disagreement on causes of your dismissal, then your case will go to the Judgement Office and the judge will rule after a hearing (this is an oral procedure) and an examination of both parties’ support documents.
What are the Compensation Scale application cases when the judge rules a dismissal as unfair & groundless?
If the judge rules your dismissal as unfair without a reel & serious cause, he/she can propose that you be reinstated in your post with full benefits. However, if you or your employer refuse this reinstatement, then you are entitled to compensation paid by your employer. The amount will vary between a minimum and a maximum as appreciated by the judge in your specific situation.
The scales below apply for dismissals notified after September 24, 2017.
Source (in French) : https://www.economie.gouv.fr/entreprises/licenciement-referentiel-indemnites-litige?xtor=ES-29-[BIE_304_20220331]-20220331-[https://www.economie.gouv.fr/entreprises/licenciement-referentiel-indemnites-litige – 29/03/2022)
Companies above 11 employees
| Employee’s Seniority (in whole years) | Compensation (in gross salary months) | Compensation (in gross salary months) | Employee’s Seniority (in whole years) | Compensation (in gross salary months) | Compensation (in gross salary months) |
| Minimum | Maximum | Minimum | Maximum | ||
| 0 | No object | 1 | 16 | 3 | 13,5 |
| 1 | 1 | 2 | 17 | 3 | 14 |
| 2 | 3 | 3,5 | 18 | 3 | 14,5 |
| 3 | 3 | 4 | 19 | 3 | 15 |
| 4 | 3 | 5 | 20 | 3 | 15,5 |
| 5 | 3 | 6 | 21 | 3 | 16 |
| 6 | 3 | 7 | 22 | 3 | 16,5 |
| 7 | 3 | 8 | 23 | 3 | 17 |
| 8 | 3 | 8 | 24 | 3 | 17,5 |
| 9 | 3 | 9 | 25 | 3 | 18 |
| 10 | 3 | 10 | 26 | 3 | 18,5 |
| 11 | 3 | 10,5 | 27 | 3 | 19 |
| 12 | 3 | 11 | 28 | 3 | 19,5 |
| 13 | 3 | 11,5 | 29 | 3 | 20 |
| 14 | 3 | 12 | 30+ | 3 | 20 |
| 15 | 3 | 13 | / | / | / |
Companies above 11 employees
| Employee’s Seniority (in whole years) | Compensation (in gross salary months) | Compensation (in gross salary months) | Employee’s Seniority (in whole years) | Compensation (in gross salary months) | Compensation (in gross salary months) | ||
| Minimum | Maximum | Minimum | Maximum | ||||
| 0 | No Object | 1 | 16 | 3 | 13,5 | ||
| 1 | 0,5 | 2 | 17 | 3 | 14 | ||
| 2 | 0,5 | 3,5 | 18 | 3 | 14,5 | ||
| 3 | 1 | 4 | 19 | 3 | 15 | ||
| 4 | 1 | 5 | 20 | 3 | 15,5 | ||
| 5 | 1,5 | 6 | 21 | 3 | 16 | ||
| 6 | 1,5 | 7 | 22 | 3 | 16,5 | ||
| 7 | 2 | 8 | 23 | 3 | 17 | ||
| 8 | 2 | 8 | 24 | 3 | 17,5 | ||
| 9 | 2,5 | 9 | 25 | 3 | 18 | ||
| 10 | 2,5 | 10 | 26 | 3 | 18,5 | ||
| 11 | 3 | 10,5 | 27 | 3 | 19 | ||
| 12 | 3 | 11 | 28 | 3 | 19,5 | ||
| 13 | 3 | 11,5 | 29 | 3 | 20 | ||
| 14 | 3 | 12 | 30+ | 3 | 20 | ||
| 15 | 3 | 13 | / | / | / | ||
Can these Compensation scales be breached?
To go outside these scales the judge has to rule the dismissal as null & void. In this case, the compensation cannot be less than 6 months salary and does not know an actual maximum.
For a dismissal to be ruled as null & void, it has to be within the following list of situations:
- Fundamental rights violation;
- Moral or sexual harassment;
- Discriminatory dismissal;
- Dismissal following a legal action pertaining a breach of professional equality between man & women;
- Dismissal following the reporting of a crime or offense;
- Dismissal violating the protective status of union representatives;
- Dismissal violating the protective rights of pregnant women such as Paid Time Off upon baby delivery or adoption;
- Dismissal violating the protective rights of employees suffering from a professional accident or a professional disease.
Conclusion
A good pre-departure negotiation is always preferable to a labor court case but, if such negotiation can’t take place and if your dismissal is unfair and groundless, then the labor court now has, by law, 2 compensation scales (conciliation office & judgment office).
These compensations will come on top of what’s due to you as amounts of money above your balance of Paid Time Off, remaining variables & bonuses, collective agreements on seniority, etc.
To know more on the topic of defining your departure negotiation strategy with a coach specialized in departure negotiation please use the enclosed contact form.