Macron Scale: Caps on Employment Tribunal Compensations and Disputes in 2025
Introduction: The Macron Scale, an Essential Framework for Employment Disputes
Established by the Macron ordinances of September 22, 2017, and codified in Article L.1235-3 of the French Labour Code, the compensation scale for dismissal without real and serious cause represents one of the most significant reforms in French employment law in the last decade. By setting minimums and maximums for employment tribunal compensations based on the employee’s seniority and the size of the company, this scale has profoundly altered the management of dismissal disputes.
After years of judicial challenges, the Court of Cassation definitively validated the conformity of the scale on May 11, 2022, putting an end to the resistance from certain employment tribunals. In 2025, the scale is consolidated, but its exceptions, jurisprudence, and calculation methods merit a thorough analysis for HR professionals and payroll managers.
The Complete Scale: Minimums and Maximums for Compensations
For Companies with 11 Employees or More
The scale sets minimum (floor) and maximum (ceiling) compensations expressed in months of gross salary, depending on the employee’s seniority at the time of contract termination:
| Seniority (full years) | Minimum Compensation (months) | Maximum Compensation (months) |
|---|---|---|
| 0 | None | 1 |
| 1 | 1 | 2 |
| 2 | 3 | 3.5 |
| 3 | 3 | 4 |
| 4 | 3 | 5 |
| 5 | 3 | 6 |
| 6 | 3 | 7 |
| 7 | 3 | 8 |
| 8 | 3 | 8 |
| 9 | 3 | 9 |
| 10 | 3 | 10 |
| 11 | 3 | 10.5 |
| 12 | 3 | 11 |
| 13 | 3 | 11.5 |
| 14 | 3 | 12 |
| 15 | 3 | 13 |
| 16 | 3 | 13.5 |
| 17 | 3 | 14 |
| 18 | 3 | 14.5 |
| 19 | 3 | 15 |
| 20 | 3 | 15.5 |
| 21 | 3 | 16 |
| 22 | 3 | 16.5 |
| 23 | 3 | 17 |
| 24 | 3 | 17.5 |
| 25 | 3 | 18 |
| 26 | 3 | 18.5 |
| 27 | 3 | 19 |
| 28 | 3 | 19.5 |
| 29 | 3 | 20 |
| 30 and more | 3 | 20 |
For Companies with Fewer than 11 Employees
Companies with fewer than 11 employees benefit from reduced minimums, acknowledging the lower financial capacity of very small businesses:
| Seniority (full years) | Minimum Compensation (months) |
|---|---|
| 0 | None |
| 1 | 0.5 |
| 2 | 0.5 |
| 3 | 1 |
| 4 | 1 |
| 5 | 1.5 |
| 6 | 1.5 |
| 7 | 2 |
| 8 | 2 |
| 9 | 2.5 |
| 10 and more | 2.5 |
The maximums are identical to those for companies with 11 or more employees. Only the minimums differ.
The Calculation Base: The Reference Gross Monthly Salary
Two Possible Calculation Methods
The reference salary used to calculate compensations is determined according to the most advantageous formula for the employee:
- The average of the last 12 months of gross salary preceding the notification of dismissal
- The average of the last 3 months of gross salary preceding the notification of dismissal (bonuses and exceptional or annual bonuses are prorated)
The employment tribunal judge automatically opts for the formula that favors the employee. The elements of remuneration considered include base salary, bonuses (seniority, 13th month, objectives), benefits in kind, and regular overtime.
Elements Excluded from the Calculation
Excluded from the calculation base are reimbursements of professional expenses, severance payments, sums paid for profit-sharing and participation, as well as compensatory payments for paid leave and notice (which are owed in addition to compensation for dismissal without real and serious cause).
Exceptions to the Scale: Cases of Nullity of Dismissal
Situations Outside the Scale
The Macron scale does not apply when dismissal is declared null. The cases of nullity, explicitly enumerated by law, allow the employee to obtain compensation without a ceiling, with a minimum of 6 months of salary (Article L.1235-3-1 of the French Labour Code). The main cases of nullity are:
- Discrimination (Article L.1132-4): dismissal based on origin, gender, sexual orientation, age, family situation, pregnancy, genetic characteristics, membership or non-membership in an ethnic group, nation, or purported race, political opinions, trade union or mutual activities, religious beliefs, physical appearance, surname, place of residence, health status, loss of autonomy, or disability.
- Moral or sexual harassment (Articles L.1152-2 and L.1153-2)
- Violation of a fundamental freedom: freedom of expression, right to strike, trade union freedom
- Violation of specific protection: protected employees (staff representatives), pregnant employees, employees on leave for work-related accidents or occupational diseases, whistleblowers
Compensation in Case of Nullity
When dismissal is null, the employee may request their reinstatement in the company. If they do not request reinstatement or if it is impossible, they are entitled to compensation that cannot be less than the salaries of the last 6 months. This compensation is without a ceiling, and the judge has the sovereign power to assess its amount, taking into account the actual harm suffered by the employee.
Consolidated Jurisprudence: Validation by the Court of Cassation
The Ruling of May 11, 2022: A Turning Point
In two rulings made in plenary session on May 11, 2022 (case numbers 21-14.490 and 21-15.247), the Social Chamber of the Court of Cassation definitively ruled that the Macron scale is compliant with Article 10 of ILO Convention No. 158 and Article 24 of the European Social Charter.
The Court found that the scale allows, in all cases, for „adequate” compensation in the sense of ILO Convention No. 158, and that the provisions of the European Social Charter do not have direct effect in French law, meaning they cannot be invoked by litigants before national courts to set aside the application of the scale.
The End of Resistance from Employment Tribunals
Prior to this ruling, many employment tribunals had resisted the scale, believing it did not allow for adequate remedy of certain individual situations. The employment tribunals of Troyes, Amiens, Lyon, Grenoble, and Paris notably issued decisions setting aside the scale in favor of concrete compensation.
The ruling of May 11, 2022, put an end to this resistance by clearly stating that the scale cannot be set aside by judges of the court of first instance, even on a case-by-case basis. This stance has been confirmed by numerous subsequent decisions of appellate courts that have systematically overturned first instance rulings that disregarded the scale.
Constitutional Compliance Confirmed by the Council of State
The Council of State had already validated the scale’s compliance with constitutional and conventional standards by a ruling on December 7, 2017. It ruled that the scale did not violate the principle of equality before the law, the right to effective judicial remedy, nor the principle of full compensation for harm (which does not hold constitutional value regarding dismissal).
Dispute Strategy for Employers
Securing Dismissals in Advance
The Macron scale offers employers predictability of litigation costs that must be integrated into human resource management strategy. Before any dismissal, it is advisable to:
- Check for the absence of grounds for nullity: ensure that the dismissal cannot be classified as discriminatory, linked to harassment, or infringing a fundamental freedom.
- Calculate maximum exposure: determine the maximum compensation applicable based on the employee’s seniority.
- Document rigorously: create a solid file demonstrating the real and serious cause for the dismissal.
- Assess the opportunity for a rupture conventionnelle: in certain cases, a rupture conventionnelle may be preferable to contentious dismissal.
Transactional Negotiation Against the Background of the Scale
The scale has profoundly altered the practice of transactional negotiation. Transactional compensations now generally fall within the scale’s range, as employees have lost the leverage provided by the unpredictability of high judicial awards. For the employer, proposing a transactional compensation close to the ceiling of the scale often constitutes a credible offer that can help avoid the costs and uncertainties of an employment tribunal proceeding.
Impact on Accounting Provisions
For payroll managers and financial directors, the Macron scale facilitates accounting provisions related to employment tribunal disputes. The maximum financial risk has become quantifiable with precision, improving the reliability of accounts and simplifying exchanges with auditors and account reviewers.
Compensations Accumulated with the Scale
It is essential to remember that the indemnity for dismissal without real and serious cause (Macron scale) accumulates with other compensations:
- Statutory or contractual severance payment (Article L.1234-9 of the French Labour Code)
- Compensatory payment for notice
- Compensatory payment for paid leave
- Damages for non-compliance with dismissal procedure (limited to 1 month of salary, Article L.1235-2)
- Salary arrears (overtime, bonuses, etc.)
Thus, the total cost of a disputed dismissal successful before the employment tribunal can significantly exceed the ceiling of the Macron scale alone. Employers must incorporate all these components into their evaluation of litigation risk.
Perspectives on the Evolution of the Scale
Proposals for Revision
Despite the jurisprudential validation, the Macron scale continues to face doctrinal and union criticisms. Several bills have been submitted to raise the minimums, eliminate ceilings, or exclude certain categories of employees (especially employees over 55 or employees with disabilities). To date, none of these proposals have succeeded.
The Influence of European Law
The European Committee of Social Rights (CEDS) has issued observations regarding the compliance of the French scale with the European Social Charter. While the Court of Cassation has ruled that the Charter does not have direct effect, the evolution of European jurisprudence could, in the long run, compel the French legislator to review the regime. HR professionals should remain vigilant regarding these developments.
FAQ: Your Questions on the Macron Scale
Does the Macron scale apply in cases of dismissal for serious misconduct?
The scale applies only when the judge requalifies the dismissal as without real and serious cause. If the judge finds that serious misconduct is established, the employee is entitled to no compensation under the scale (neither severance nor notice compensation). However, if the judge dismisses the serious misconduct and determines the dismissal to be without real and serious cause, the scale fully applies.
Can a judge still set aside the scale in 2025?
Since the Court of Cassation’s rulings of May 11, 2022, judges of the court of first instance can no longer set aside the scale. If an employment tribunal were to award compensation exceeding the ceiling, this decision would be overturned on appeal or in cassation. However, the scale does not apply in cases of nullity of dismissal (discrimination, harassment, violation of fundamental freedom, etc.).
How is seniority calculated for the scale?
Seniority is assessed in full years as of the date of notification of dismissal (and not as of the end date of the notice period). Periods of suspension of the contract (illness, parental leave, etc.) are accounted for according to standard rules. In the case of incomplete seniority, the scale provides intermediate values for seniority brackets expressed in full years.
Does the scale apply to disputed rupture conventionnelles?
No, the Macron scale applies only to dismissals without real and serious cause. If a rupture conventionnelle is annulled by the judge, the consequences depend on the grounds for annulment. If the rupture conventionnelle has the effects of a dismissal without real and serious cause, the scale may apply. However, if the annulment is based on a defect in consent (violence, deceit), compensation falls under common law.
Is the scale applicable to protected employees?
The dismissal of a protected employee carried out in violation of the administrative authorization procedure is null, and not merely without real and serious cause. In this case, the scale does not apply, and the employee can claim a minimum compensation of 6 months’ salary, without a ceiling. Conversely, if the dismissal of a protected employee is authorized by the labor inspector but judged to be without real and serious cause, the scale applies.