“Help for labor court judges, but not a straitjacket.” Thus Manuel Valls justified last few months the withdrawal of the bill Labour tribunals cap compensation payable for unfair dismissal, preferring instead an indicative reference.
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Macron law of August 6, 2015 provided such an optional repository and were awaiting the implementing decree . It is finally on track and the amounts withheld are known. There is a floor of a month’s wages for new hires and up to 21.5 months of salary for 43 years seniority.
The reference amounts shall be increased by one month if the job seeker is aged at least 50 years from the date of termination of the contract, or in case of particular difficulties of returning to the plaintiff.
An uncertain application
“If the disputing parties make a joint request, the compensation is fixed by the single application of this standard,” is -he indicated in the draft.
STORIES & gt; & gt; Labour Court: user manual
Meanwhile, in a second decree, the “scale of the damages of conciliation” currently in force is reviewed and corrected. He too is indicative and is used to calculate a “lump sum” when the parties want an end to the dispute in the conciliation phase. He fixed two months’ salary for seniority of less than one year and up to 24 months of salary for at least 30 years old.
The only real constraint today
Will The indicative framework applied? He was already one, but the judges did not take into account, freely determining the allowances based on the damage suffered. The practice is one year of seniority is equivalent to one month’s salary, taking into account the age and seniority of the employee, the company’s size and difficulties in finding a job.
There is only one legal obligation now: an employee of more than two years experience in a company of more than ten employees must receive compensation of at least six months’ salary .
On this point, the new code repository offers three months salary for two years of service. The scale, he fixed three months’ salary if the employee has at least one year of seniority, “plus one month per additional year up to eight years of seniority.”
Remember that the Macron law introduced a mandatory scheme based on seniority and the size of the company, with a cap (27 months) and a floor (3 months), but the Constitutional Council the ‘censored, judging that there was breach of equality between employees: for the same damage, they would not have been equally compensated according to the size of their company.
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