The “Macron Scale” refers to the statutory mechanism capping compensation awarded to employees whose dismissal is deemed unfair (without genuine and serious cause).
This scale sets minimum and maximum compensation amounts, determined by the employee’s length of service and the size of the company (fewer or more than 11 employees). It is codified under Article L.1235-3 of the French Labour Code, introduced by Ordinance No. 2017-1387 of 22 September 2017, commonly known as the “Macron Reform.”
From its inception, the scale triggered sharp criticism, particularly among labour law practitioners and trade unions, who argued that it restricted the individualization of compensation. It was first upheld by the French Constitutional Council (Decision No. 2018-761 DC of 21 March 2018), which considered that the cap served a public interest objective, and later by the French Court of Cassation (Cass. soc., No. 21-15.247; Cass. soc., No. 23-23.494).
As a result, judges cannot disregard the scale on the grounds of alleged incompatibility with international standards, except in cases of dismissal nullity, expressly provided for under Article L.1235-3-1 of the Labour Code: discrimination, harassment, violation of a fundamental freedom, etc.
The official aim of the scale is to bring greater predictability to employers, encourage amicable settlements, and help reduce the backlog of employment tribunals by limiting uncertainty around compensation amounts.
➡️ While the scale has undoubtedly allowed for better risk management by employers, it has not eliminated employment litigation altogether.
Disputes have simply shifted: they now focus on dismissal nullity, the only way to bypass the scale and obtain uncapped compensation.
