The scale of industrial tribunal indemnities set

An employee may receive an indemnity of one month’s salary if he has been in the company for less than one year and up to 21.5 months beyond 43 years of seniority. The scale is indicative.

It is the epilogue of a long story. Friday appeared in Official newspaper. The principle of this indicative scale is enshrined in the. This grid is optional: the judges can decide to apply it or not. In addition, it fixes floors, not ceilings.

Concretely, an employee having less than one year of seniority in his company at the time of his departure will be able to receive at least a compensation of one month’s salary; one with one year of seniority, compensation of at least 2 months and so on, the compensation being 21.5 months for an employee with more than 43 years of seniority.

In addition, this scale provides that the allowance will be increased by an additional month if the employee is over 50 years of age or faces particular difficulties in returning to work linked to his personal situation and his qualification.

Objective: reduce uncertainty to encourage hiring

It remains to be seen whether the judges will seize this tool and wedge the compensation on the floor grid. The government hopes that this will be the case, which will make it possible to limit the differences in compensation that can sometimes exist between the various industrial tribunals. What reduce uncertainty for business leaders and encourage them to hire. This is the purpose of the measure.

But for employers, who believe that only a mandatory cap would have been effective, the account is not there. A mandatory scale, with fairly low ceilings, was included in the initial version of the labor bill. But this measure had, including from the reformist CFDT. The government therefore withdrew it, in favor of an indicative grid. Ironically, the, voted in 2015, had indeed established a mandatory scale, with a system of floors and ceilings. But because the scale also varied according to the size of the company.