Macron Scale: Occupational Tribunal Compensation Limits and Disputes in 2025
Introduction: The Macron Scale, An Essential Framework for Occupational 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 dismissals without real and serious cause constitutes one of the most structuring reforms of French labor law in the past decade. By setting minimum and maximum compensation limits based on the employee’s seniority and the size of the company, this scale has profoundly altered the approach to dismissal disputes.
After years of legal challenges, the Court of Cassation definitively validated the compliance of the scale on May 11, 2022, ending the resistance from certain labor courts. In 2025, the scale is applied in a consolidated manner, but its exceptions, jurisprudence, and calculation methods deserve thorough analysis for HR professionals and payroll managers.
The Complete Scale: Minimum and Maximum Compensation
For Companies with 11 Employees and More
The scale establishes minimum (floor) and maximum (ceiling) compensation expressed in months of gross salary, according to the employee’s seniority in the company at the time of the 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 minimum amounts, acknowledging the limited 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 maximum amounts are the same as those for companies with 11 employees and more. Only the minimums differ.
The Calculation Basis: The Reference Gross Monthly Salary
Two Possible Calculation Methods
The reference salary used to calculate the compensation is determined according to the method most favorable to the employee:
- The average of the last 12 months of gross salary prior to the notification of dismissal
- The average of the last 3 months of gross salary prior to the notification of dismissal (bonus and exceptional annual bonuses are then prorated)
The labor court judge automatically adopts the most beneficial formula for the employee. The compensation calculations include base salary, bonuses (seniority, 13th month, objectives), in-kind benefits, and regular overtime hours.
Elements Excluded from the Calculation
Exclusions from the calculation base include reimbursements for professional expenses, severance pay, amounts paid as part of profit-sharing and incentive plans, as well as compensatory allowances for paid leave and notice period (which are due in addition to the compensation for dismissal without real and serious cause).
Exceptions to the Scale: Cases of Dismissal Nullification
Situations Outside the Scale
The Macron Scale does not apply when the dismissal is deemed void. The cases of nullity, exhaustively listed by law, allow the employee to receive compensation without a ceiling, with a minimum of 6 months’ salary (Article L.1235-3-1 of the French Labour Code). The main cases of nullity include:
- Discrimination (Article L.1132-4): dismissal based on origin, sex, sexual orientation, age, family situation, pregnancy, genetic characteristics, belonging or not to an ethnic group, nation or perceived race, political opinions, union or mutual activities, religious convictions, physical appearance, last name, 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, freedom of association.
- Violation of specific protection: protected employee (staff representative), pregnant employee, employee on sick leave due to a work-related accident or occupational disease, whistleblower.
Compensation in Cases of Nullity
When a dismissal is void, the employee can 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 sole discretion to determine the amount by considering the actual harm suffered by the employee.
Consolidated Jurisprudence: Validation by the Court of Cassation
The Ruling of May 11, 2022: A Decisive Turning Point
In two rulings issued 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 with Article 24 of the European Social Charter.
The Court found that the scale ensures adequate compensation in all cases, as referred to in ILO Convention No. 158, and that the provisions of the European Social Charter do not have direct effect under French law, meaning that they cannot be invoked by litigants before national courts to override the application of the scale.
The End of Resistance from Labor Courts
Prior to this ruling, many labor courts had resisted by disregarding the scale, believing it did not provide adequate reparation for harm in certain individual situations. The labor courts of Troyes, Amiens, Lyon, Grenoble, and Paris had notably issued decisions disregarding the scale in favor of case-by-case compensation.
The ruling of May 11, 2022, ended this resistance by clearly stating that the scale cannot be disregarded by trial judges, even on a case-by-case basis. This position has been reaffirmed by numerous subsequent decisions from appellate courts that have consistently overturned first-instance rulings that disregarded the scale.
Constitutional Compliance Confirmed by the Conseil d’État
The Conseil d’État had already validated the compliance of the scale with constitutional and international norms in a ruling dated December 7, 2017. It concluded that the scale did not infringe on the principle of equality before the law, the right to effective judicial remedy, or the principle of full reparation for harm (which does not hold constitutional value in dismissal matters).
Litigation Strategy for Employers
Securing Dismissals in Advance
The Macron Scale offers employers predictability of litigation costs that must be integrated into HR management strategies. Before any dismissal, it is recommended to:
- Verify the absence of grounds for nullity: ensure that the dismissal cannot be classified as discriminatory, related to harassment, or violating a fundamental freedom.
- Calculate maximum exposure: determine the applicable compensation ceiling based on the employee’s seniority.
- Document rigorously: build a solid file demonstrating the real and serious cause for the dismissal.
- Evaluate the appropriateness of a rupture conventionnelle: in some cases, a rupture conventionnelle may be preferable to contentious dismissal.
Transactional Negotiation in Light of the Scale
The scale has profoundly transformed the practice of transactional negotiation. Transactional compensation now generally falls within the scale’s range, as employees have lost the leverage that came with the judicial uncertainty of high compensation. For the employer, proposing a transactional compensation close to the ceiling of the scale often constitutes a credible offer to avoid the costs and uncertainties of a labor court procedure.
Impact on Accounting Provisions
For payroll managers and financial directors, the Macron Scale facilitates accounting provisioning for labor disputes. The maximum financial risk is now precisely quantifiable, improving the reliability of accounts and simplifying exchanges with auditors and account inspectors.
Cumulative Compensation with the Scale
It is important to recall that compensation for dismissal without real and serious cause (Macron Scale) can accumulate with other compensations:
- Legal or contractual severance pay (Article L.1234-9 of the French Labour Code)
- Compensatory allowance for notice period
- Compensatory allowance for paid leave
- Damages for non-respect of the dismissal procedure (limited to 1 month’s salary, Article L.1235-2)
- Back pay (overtime, bonuses, etc.)
Thus, the total cost of a dismissal successfully contested before the labor courts can significantly exceed just the ceiling of the Macron Scale. Employers must include all of these components in their assessment of litigation risk.
Perspectives for Evolution of the Scale
Proposals for Revision
Despite the judicial validation, the Macron Scale continues to face doctrinal and union critiques. Several legislative proposals have been submitted to raise minimums, eliminate maximum ceilings, or exclude certain categories of employees (notably employees over 55 years old or employees with disabilities). To date, none of these proposals have succeeded.
The Influence of European Law
The European Committee of Social Rights (ECSR) has issued observations on the compliance of the French scale with the European Social Charter. While the Court of Cassation ruled that the Charter does not have direct effect, the evolution of European jurisprudence could eventually compel the French legislator to revisit the framework. HR professionals should remain vigilant to 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 reclassifies the dismissal as one 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 pay nor notice pay). However, if the judge dismisses the serious misconduct and finds the dismissal without real and serious cause, the scale fully applies.
Can a Judge Still Disregard the Scale in 2025?
Since the Court of Cassation’s rulings of May 11, 2022, trial judges can no longer disregard the scale. If a labor court were to award compensation exceeding the ceiling, that 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 a fundamental freedom, etc.).
How is Seniority Calculated for the Scale?
Seniority is assessed in complete years as of the date of notification of the dismissal (not as of the date of the end of the notice period). Periods of suspension of the contract (sickness, parental leave, etc.) are considered according to usual rules. In cases of incomplete seniority, the scale provides intermediate values for seniority brackets expressed in full years.
Does the Scale Apply to Disputed Rupture Conventionnelle?
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 basis for annulment. If the rupture conventionnelle has effects equivalent to a dismissal without real and serious cause, the scale might apply. Conversely, if the annulment is based on a vice of consent (violence, deceit), compensation falls under common law.
Is the Scale Applicable to Protected Employees?
The dismissal of a protected employee pronounced in violation of the administrative authorization procedure is void, and not merely without real and serious cause. In this case, the scale does not apply, and the employee may claim a minimum compensation of 6 months’ salary, without ceiling. However, if the dismissal of a protected employee is authorized by the labor inspector but found to be without real and serious cause, the scale applies.