A few French courts have considered that the Marcon dismissal indemnity grid is in contradiction with the international undertakings of France. This grid provides for minimum and maximum indemnites that a court can order in compensation of an employee’s unfair dismissal.They have held that this grid is incompatible with convention No. 158 of the International Labour Organization and the European Social Charter because it could fail to provide sufficient (or total) reparation of the harm suffered by the employee.

These judges have set aside the grid and ordered the employer to pay an indemnity that they set independently.

These legal battle is just beginning and could go on for a while : other tribunals are expected to give similar verdicts and the cases will go before the appellate courts, until the French Supreme court (Cour de Cassation) gives a final verdict and settles the issue.