Unfair dismissal: what compensation is the employee entitled to?
Verified 12 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)
In the case of labor disputes, where the judge acknowledges that a dismissal is unjustified, without real and serious cause, he may propose the reintegration of the employee into the company, with the maintenance of his acquired advantages.
If the employee or employer refuses to be reinstated, the judge shall award the employee an allowance payable by the employer.
It cannot be less than a minimum amount or more than a maximum amount.
The minimum and maximum amounts of the labor compensation vary according to the length of service of the employee and the size of the company.
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Company of 11 or more employees
Seniority in the company (in full years) | Minimum allowance (in months of gross salary) | Maximum compensation (in months of gross salary) |
|---|---|---|
0 | Not applicable | 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 beyond | 3 | 20 |
Company of less than 11 employees
Seniority in the company (in full years) | Minimum allowance (in months of gross salary) | Maximum compensation (in months of gross salary) |
|---|---|---|
0 | Not applicable | 1 |
1 | 0.5 | 2 |
2 | 0.5 | 3.5 |
3 | 1 | 4 |
4 | 1 | 5 |
5 | 1.5 | 6 |
6 | 1.5 | 7 |
7 | 2 | 8 |
8 | 2 | 8 |
9 | 2.5 | 9 |
10 | 2.5 | 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 beyond | 3 | 20 |
A simulator indicates the minimum and maximum amounts of compensation for damages that may be fixed by the prud'homal judge in the event of wrongful dismissal, without real and serious cause.
Calculate compensation for wrongful dismissal
These floor and ceiling amounts shall also apply in any of the following cases:
- The termination of the contract of employment shall be ordered by the judge against the employer
- It follows a request from the employee to qualify the termination of the employment contract (acknowledgement of the termination of the employment contract)
In determining the amount of the labor compensation, the judge may take into account severance pay.
This labor compensation may be cumulated, within the limits of the maximum amounts, with labor compensation awarded during a dismissal on economic grounds in any of the following cases:
- Failure by the employer to comply with the procedures for consulting staff representatives or information from the Dreets: titleContent
- Non-compliance with the re-hire priority
- Lack of implementation of Social and Economic Committee (ESC) in a company that must comply with that obligation
By way of derogation, the amount of the labor compensation may not be less than the wages of the last six months where the judge finds that the dismissal is nil because it occurred in one of the following situations:
- In violation of a fundamental freedom
- In connection with facts of psychological harassment or sexual
- Pursuant to a discriminatory measure or following legal proceedings brought by the employee on the basis of anti-discrimination provisions
- Following legal proceedings brought by the employee on the basis of the provisions concerning professional equality between men and women
- Following the denunciation of a crime or offense
- In violation of the provisions concerning protected employees
- In violation of the provisions concerning the protection of pregnant employees, the protection of employees during leave related to birth or adoption of a child and the protection of employees who are victims of accident at work or occupational disease
There is no provision for a maximum amount.
The labor compensation is awarded in addition to the salary payable by the employer for the period between breach of contract and the annulment of his dismissal.