- Context
In a ruling dated 9 April 2025, the French Supreme Court reaffirmed the binding nature of the “Macron scale” under the French Labour Code.
This scale caps compensation in case of unfair dismissal (“licenciement sans cause réelle et sérieuse”)
This ruling follows a decision by the Court of Appeal of Grenoble, which had ordered a Company to pay damages to an employee above the Macron Scale.
- Legal issue
Can a judge override the maximum compensation set by the Macron scale on the grounds that it fails to provide adequate compensation under international law?
- French Supreme Court Ruling
The Supreme Court says no!
According to the Supreme Court, the Macron scale provides for compensation that is both dissuasive for the employer and reasonable for the employee, in line with the internal law rules.
The Court specifies that the European Social Charter (“charte sociale européenne”) cannot be invoked to challenge the scale, as it does not have direct effect under French law.
Thus, the courts must strictly apply the minimum and maximum amounts established by the Macron scale and assess the compensation within this range based on the employee’s individual situation.
- Key Takeaway
The Macron scale remains the legal standard for determining compensation in unfair dismissal cases. Courts must apply it strictly, without exceeding the statutory ceiling.