Macron Scale: Compensation Limits 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 scale of compensation for dismissal without real and serious cause represents one of the most significant reforms in French labor law over the last decade. By setting minimum (planchers) and maximum (plafonds) compensation amounts based on employee seniority and company size, this scale has profoundly altered the approach to dismissal disputes.
After years of legal challenges, the Cour de cassation definitively validated the compliance of the scale on May 11, 2022, ending the resistance from some labor courts. In 2025, the scale applies in a consolidated manner, but its exceptions, case law, and calculation methods merit a thorough analysis for HR professionals and payroll managers.
The Complete Scale: Minimum and Maximum Compensation
For Companies with 11 Employees or More
The scale sets minimum (planchers) and maximum (plafonds) compensation amounts expressed in months of gross salary, according to the employee’s seniority in the company at the time of contract termination:
| Seniority (complete 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 lower minimums, acknowledging the limited financial capacity of very small businesses:
| Seniority (complete 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 remain the same as for companies with 11 employees or more; only the minimum amounts differ.
The Calculation Base: Reference Gross Monthly Salary
Two Possible Calculation Methods
The reference salary used to calculate compensation is determined by the most favorable formula for the employee:
- The average of the 12 months of gross salary preceding the notification of the dismissal
- The average of the 3 months of gross salary preceding the notification of the dismissal (bonuses and exceptional or annual rewards are then prorated)
The labor court judges automatically select the formula most beneficial to the employee. The remuneration elements considered include base salary, bonuses (seniority, 13th month, objectives), benefits in kind, and regular overtime.
Elements Excluded from the Calculation
The calculation base excludes professional expense reimbursements, severance pay, amounts paid for profit-sharing and incentive schemes, as well as compensatory paid leave and notice period indemnities (which are due in addition to indemnities for dismissal without real and serious cause).
Exceptions to the Scale: Cases of Nullity of Dismissals
Situations Excluded from the Scale
The Macron Scale does not apply when the dismissal is nullified. Cases of nullity, enumerated exhaustively by law, allow the employee to obtain unlimited compensation, with a minimum of 6 months of salary (Article L.1235-3-1 of the Labour Code). The main cases of nullity include:
- 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 supposed race, political opinions, union or mutualist 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)
- Infringement of a fundamental freedom: freedom of expression, right to strike, trade union freedom.
- Violation of a specific protection: protected employee (staff representative), pregnant employee, employee on leave for an occupational accident or professional illness, whistleblower.
Compensation in Cases of Nullity
When the dismissal is null, the employee may request reinstatement within the company. If reinstatement is not requested or is impossible, they are entitled to an indemnity that cannot be less than the salaries for the last six months. This indemnity is unlimited, and the judge has discretionary power to set its amount, considering the actual harm suffered by the employee.
Consolidated Jurisprudence: Validation by the Cour de cassation
The Ruling of May 11, 2022: A Decisive Turning Point
In two rulings issued in plenary session on May 11, 2022 (appeals no. 21-14.490 and no. 21-15.247), the Social Chamber of the Cour de 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 held that the scale ensures adequate compensation in all cases, as defined by 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 bypass the scale.
The End of Labor Court Resistance
Prior to this ruling, many labor courts resisted the scale, asserting that it did not provide adequate redress for harm in certain individual circumstances. The labor courts in Troyes, Amiens, Lyon, Grenoble, and Paris had rendered decisions dismissing the scale in favor of compensation awarded on a case-by-case basis.
The ruling of May 11, 2022, put an end to this resistance by clearly stating that the scale cannot be set aside by lower courts, even on a case-by-case basis. This position has been reaffirmed by numerous subsequent appellate court decisions that have systematically overturned first-instance judgments that disregarded the scale.
Constitutional Compliance Confirmed by the Conseil d’État
The Conseil d’État had already validated the scale’s compliance with constitutional and conventional norms in a ruling of December 7, 2017. It determined that the scale did not violate the principle of equality before the law, the right to effective judicial remedy, or the principle of full compensation for harm (which does not hold constitutional value concerning dismissal).
Litigation Strategy for Employers
Securing Dismissals in Advance
The Macron Scale provides employers with predictability of litigation costs that should be integrated into human resources management strategies. Before any dismissal, it is recommended to:
- Verify the Absence of Nullity: ensure that the dismissal cannot be classified as discriminatory or related to harassment or an infringement of fundamental freedom.
- Calculate Maximum Exposure: determine the maximum compensation applicable based on employee seniority.
- Document Rigorously: create a solid file demonstrating the real and serious cause for the dismissal.
- Evaluate the Opportunity of a Rupture Conventionnelle: in certain cases, a rupture conventionnelle may be preferable to contentious dismissal.
Transactional Negotiation in Light of the Scale
The scale has substantially altered the practice of transactional negotiation. Transactional indemnities now generally fall within the range of the scale, as employees have lost the leverage that high judicial indemnities once provided. For the employer, offering a transactional indemnity close to the plafond of the scale often constitutes a credible offer to avoid the costs and uncertainties of a labor court procedure.
The Impact on Accounting Provisions
For payroll managers and financial directors, the Macron Scale simplifies accounting provision for labor court disputes. The maximum financial risk is now quantifiable with precision, improving the reliability of accounts and facilitating exchanges with auditors and statutory auditors.
Cumulative Indemnities with the Scale
It is important to recall that indemnity for dismissal without real and serious cause (Macron Scale) can be cumulative with other indemnities:
- Statutory or contractual severance pay (Article L.1234-9 of the Labour Code)
- Compensatory notice pay
- Compensatory paid leave indemnity
- Damages for non-compliance with dismissal procedures (limited to 1 month’s salary, Article L.1235-2)
- Salary back pay (overtime, bonuses, etc.)
The total cost of a successfully disputed dismissal case before the labor courts can therefore significantly exceed the sole plafond of the Macron Scale. Employers must incorporate all of these components into their risk assessment.
Future Perspectives of the Scale
Proposed Revisions
Despite judicial validation, the Macron Scale continues to face doctrinal and union critiques. Several legislative proposals have been submitted to raise the minimums, remove the maximums, or exclude certain categories of employees (notably those 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 Cour de cassation has ruled that the Charter does not have direct effect, the evolution of European jurisprudence could, in time, compel the French legislator to revise the framework. HR professionals should remain attentive to these developments.
FAQ: Your Questions on the Macron Scale
Does the Macron Scale apply in cases of gross misconduct dismissal?
The scale applies only when the judge reclassifies the dismissal as without real and serious cause. If the judge finds gross misconduct established, the employee is entitled to no indemnity under the scale (neither severance pay nor notice pay). However, if the judge disregards the gross misconduct and rules the dismissal as without real and serious cause, the scale fully applies.
Can a judge still disregard the scale in 2025?
Since the rulings of the Cour de cassation on May 11, 2022, lower judges can no longer disregard the scale. If a labor court were to award compensation exceeding the plafond, that decision would be reversed on appeal or cassation. However, the scale does not apply in cases of nullity of dismissal (discrimination, harassment, violation of a fundamental freedom, etc.).
How is seniority calculated for the scale?
Seniority is assessed in complete years at the date of notification of the dismissal (and not at the end date of the notice period). Periods of contract suspension (illness, parental leave, etc.) are taken into account according to usual rules. In cases of incomplete seniority, the scale provides for intermediate values for seniority brackets expressed in complete years.
Does the scale apply to disputed rupture conventionnelles?
No, the Macron Scale only applies to dismissals without real and serious cause. If a rupture conventionnelle is annulled by the judge, the consequences depend on the grounds for the annulment. If the rupture conventionnelle produces effects equivalent to a dismissal without real and serious cause, the scale might apply. However, if the annulment is based on a defect in consent (violence, deceit), indemnification falls under common law.
Is the scale applicable to protected employees?
The dismissal of a protected employee executed in violation of the administrative authorization procedure is null, not merely without real and serious cause. In this case, the scale does not apply, and the employee may claim a minimum indemnity of 6 months’ salary, without plafond. Conversely, if the dismissal of a protected employee is authorized by the labor inspector but ruled without real and serious cause, the scale applies.