France: ‘Macron scale’ for compensation in event of unfair dismissal judged in contravention of European Social Charter

The editorial team is offering you free access to this article
Start your free 1-month trial to access all our content

As announced in June of this year (see article n°13106), the Council of Europe’s European Committee of Social Rights has judged the capping of labour tribunal compensation – under the ‘Barème Macron‘ (‘Macron scale’) – as in contravention of the European Social Charter. This conclusion, published on Monday 26 September, contradicts decisions passed down by France’s three highest courts: the Council of State (7 December 2017), the Constitutional Council (21 March 2018) and the Court of Cassation (17 July 2019). According to the members of the ECSR, the reform is incompatible with Article 24 of the Charter, which stipulates that employees laid off without legitimate reason are entitled to “adequate compensation”. The committee members strike down the argument regarding the predictability of the cost of recourse to labour tribunals that, in the government’s view, would be permitted by the reform. They also flag the risk of incentivising unjustified dismissals “on the basis of a cost-benefit analysis” made by the employer. Meanwhile the upper limit of the scale is insufficient to “compensate the employee for the damage suffered and to act as a deterrent to the employer”, according to the ECSR. The committee also points out that the upper limit of the compensation scale does not allow the award of “higher compensation on the basis of the personal and individual situation of the worker”, because of its automatic nature. Finally, the ECSR considers that the order creates a legal regime distinct from civil liability, which does not allow for effective compensation for the damages suffered by employees. This decision from the Council of Europe body is not legally binding for the French government.

Document to download
European Committee of Social Rights decision
Download
Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
EU: insurance sector social partners commit to addressing violence and harassment at work
The news. The trade union UNI Europa Finance and the employers’ federations Insurance Europe, Amice and Bipar signed an addendum to their 2022 joint declaration on diversity and inclusion on...
18 September 2026
Juliette Baudry (Boiron): “An intergenerational mechanism to better accommodate different life stages”
Since 1 September 2026, employees of the pharmaceutical group Boiron (1,700 employees in France) have benefited from a “key life moments account”. Resulting from an agreement signed last February...
18 September 2026
France: final document on the work of the Labour, Employment and Pensions Conference
After six months of discussions between French social partners, the guarantors of the Labour, Employment and Pensions Conference submitted the conclusions of the discussions to the Prime Minister...
17 September 2026
EU: Commission proposes a list of worker-related criteria for public procurement
The news. On 9 September, the European Commission published a proposal for a regulation aimed at unifying European public procurement law, which accounts for 15% of European GDP. It is notably set...
17 September 2026
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Spain: government seeks to strengthen protection for employee whistleblowers
On 28 July, the Spanish Council of Ministers approved a draft bill aimed at providing legal protection to employees who report corruption or breaches of labour law, shielding them from potential...
27 August 2026
2
France: Cabinet adopts pay transparency bill
After several months of delay beyond the European deadline of 7 June 2026, French Labour Minister Jean-Pierre Farandou finally presented the bill transposing the Pay Transparency Directive to the...
10 September 2026
3
Netherlands: Uber fined over 800 million euros for automated algorithmic decisions
The news. In a decision dated 17 August, the Dutch Data Protection Authority fined ride-hailing company Uber €825 million for automating decisions regarding driver account deactivations. The...
4
Italy: Crédit Agricole introduces a handbook on managerial behaviour
The document adopted in mid-July by Crédit Agricole Italia and the main banking trade unions goes beyond the proper use of meetings and emails. This six-point handbook aims to foster constructive...
3 September 2026
5
Spain: government revisits its draft decree on salary transparency
The Spanish Ministry of Labour has opened a consultation on the transposition of the European directive on salary transparency and the reduction of the gender pay gap. This decision follows a...
8 September 2026
6
Germany: introduction of the concept of partial incapacity for work
The news. On 10 July, the German Parliament definitively adopted the “Act to Stabilise Contribution Rates in the Statutory Health Insurance System”...