France: the ‘Barème Macron’ (‘Macron scale’ – employment termination compensation corridor) weakened by the European Committee of Social Rights

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

The European Committee of Social Rights (previously, the European Committee of Social Rights) established under the auspices of the Council of Europe, has challenged the capping of industrial labour tribunal compensation, in spite of its validation by the Court of Cassation in May. In a decision that should be made public in September but has been revealed in an article in the Le Mondepublication the European Committee of Social Rights, which is responsible for the application of the European Social Charter, has judged that the flagship measure of the 2017 labour ordinances (c.f. article No.10330) runs counter to France’s international commitments. Consequently, the so-called ‘Barème Macron’ (‘Macron scale’) which provides for an employment termination compensation scale calculated in reference to career length for contract terminations with no ‘real and serious cause’, would thus contravene the principle of ‘the right to adequate compensation or other relief in cases of unfair dismissal.’ Although the European Committee of Social Rights agreed with the CGT and FO unions, to which they had referred the matter the committee’s recommendations are not binding. “We are very surprised that the Court of Cassation is stubbornly refusing to see the problem, there are beginning to be many instances and jurisdictions that are going in our direction,” Céline Verzeletti, CGT Confederal Secretary, regretted to Planet Labor, continuing, “The compensation payments do not repair the damage and do not play any dissuasive role vis-à-vis the employers, indeed the contrary is the case. We will continue to call on the government to abolish this scale and on the industrial labour tribunals to repair the damage, outside this framework.” In February, the ILO judged the provision required regular reviews regarding its compliance with ILO Convention No. 158.

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: Council curbs the Commission’s proposed easing of social safeguards in digital legislation
The news. On 21 October 2026, the Council of the EU agreed its negotiating mandate on the Digital Omnibus, proposed by the Commission in November 2025 to ease several provisions in digital...
Croatia: 7.6% minimum wage increase from 1 January 2027
The news. On 29 October, the Croatian Council of Ministers adopted a decree setting the minimum wage for 2027. This will rise from €1,050 to €1,130 gross per month from 1 January next...
UK: trade unions now have a statutory right of access to workplaces 
The news. Since 30 October, British trade unions (certified as independent) have been able to gain physical access to the premises of businesses with more than 21 employees in order to meet staff...
Spain: metal industry employers cut sick pay top-ups
To curb absenteeism, Spanish social partners in the metal sector are introducing new clauses into regional collective agreements to reduce the top-up payments made by employers during sick leave...
2 November 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
France: following the post-Covid boom, large companies scale back on remote working
In the post-pandemic context, large French groups multiplied generous remote working agreements before reversing the trend from 2024 onwards. What is the extent of this phenomenon? mind RH...
2
Germany: Employers’ representatives seek to limit the rights of works councils
The Employers' Federation of German Employers' Associations (Bundesvereinigung der Deutschen Arbeitgeberverbände - BDA) published a report at the end of September in which it proposes a...
3
France: Iliad structures its skills management around AI
The news. On 9 April, Iliad (11,600 employees in France), the parent company of telecoms operator Free, concluded an agreement on jobs and career path management with its representative trade...
4
France: National Assembly votes for mandatory bargaining on sexual and gender-based violence
The news. On 8 October, French MPs voted to extend the scope of mandatory annual negotiations to sexual and gender-based violence (SGBV). In practice, in addition to pay, working hours and...
5
France: how CDC Habitat aims to better promote the expertise of its employees
The housing division of the French public group Caisse des Dépôts et Consignations, CDC Habitat (10,800 employees), established new measures on skills in July. They are set out in two agreements...
6
France: La Poste strengthens regional management of jobs and skills
La Poste’s 2026-2028 agreement on the management of jobs, professional pathways and gender diversity in occupations puts the emphasis on supporting mobility and career changes, relying on a...