Introduction: The Macron Scale, an Essential Framework for Prud’hommes Litigation
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 dismissals without real and serious cause represents one of the most structural reforms in French labor law in the past decade. By setting minimums (planchers) and maximums (plafonds) for prud’hommes compensation based on employees’ seniority and company size, this scale has significantly altered the approach to dismissal litigation.
After years of legal challenges, the Cour de cassation conclusively validated the conformity of the scale on May 11, 2022, putting an end to the resistance from some prud’hommes councils. In 2025, the scale is applied in a consolidated manner, but its exceptions, jurisprudence, and calculation methods warrant 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 expressed in months of gross salary, according to the employee’s seniority in the company at the time of the 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 are granted reduced minimums, reflecting the financial constraints faced by 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 are the same as those for companies with 11 or more employees; only the minimums differ.
The Calculation Base: Reference Monthly Gross Salary
Two Possible Calculation Methods
The reference salary used as a basis for calculating compensation is determined according to the formula most advantageous to 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 incentives are prorated)
The prud’hommes judge automatically selects the formula that is most favorable to the employee. The components of remuneration taken into account include the base salary, bonuses (seniority, 13th month, targets), benefits in kind, and regular overtime.
Excluded Elements from the Calculation
Excluded from the calculation base are reimbursements for business expenses, severance pay, amounts disbursed for participation and profit-sharing, as well as compensatory leave and notice pay (which are owed in addition to the 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 the dismissal is declared null. The cases of nullity, exhaustively listed 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 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 alleged 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)
- Violation of a fundamental freedom: freedom of expression, right to strike, union freedom
- Violation of specific protections: protected employees (staff representatives), pregnant employees, employees on sick leave or occupational disease, whistleblowers
Compensation in Case of Nullity
When the dismissal is null, the employee may request their reinstatement in the company. If they do not seek 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 sovereign discretion to determine its amount, taking into account the actual damage suffered by the employee.
Consolidated Jurisprudence: Validation by the Cour de Cassation
The Ruling of May 11, 2022: A Decisive Turning Point
By two rulings delivered in plenary formation on May 11, 2022 (cases n°21-14.490 and n°21-15.247), the Social Chamber of the Cour de cassation definitively ruled that the Macron Scale is compliant with Article 10 of Convention n°158 of the International Labour Organization (ILO) and with Article 24 of the European Social Charter.
The Court concluded that the scale allows, in all cases, for