Improper dismissal: what compensation can the employee claim?
Verified 02 October 2019 - Directorate for Legal and Administrative Information (Prime Minister)
In the event of a labor dispute, where the judge admits that a dismissal is unjustified, without a real and serious cause, he shall award the employee an indemnity at the expense of the employer. The amount of compensation varies according to the employee's seniority and the number of employees in the company.
In the event of a labor dispute, where the judge admits that a dismissal is unjustified, without real and serious cause, he may propose the employee's reinstatement in the company, with the maintenance of his acquired advantages.
If the employee or the employer refuses to reinstate, the judge shall award the employee an allowance at the expense of the employer.
The amount may not be less than a minimum amount or more than a maximum amount.
The minimum and maximum amounts of the prud'homale allowance vary according to the employee's seniority and the size of the undertaking.
Company with 11 or more employees
Companies with less than 11 employees
A simulator shall indicate the minimum and maximum amounts of compensation for damages which may be fixed by the judge prud'homal in the event of unjustified dismissal, without real and serious cause:
These floor and ceiling amounts also apply:
- When the breach of the employment contract is pronounced by the judge to the employer's wrongs.
- Or when it follows a request from the qualifying employee for the termination of the employment contract (notice of termination of employment contract).
In determining the amount of the prud'homale allowance, the judge may take into account severance pay..
This prud'homale allowance may be cumulated, within the limits of the maximum amounts, with the prud'homales allowances awarded in the course of a dismissal for economic reasons ::
- In the event of non-compliance by the employer with the procedures for consulting staff representatives or information Direct: titleContent
- In case of non-compliance with rehire priority
- In the event of the absence of a Social and Economic Committee in an undertaking subject to that obligation
By way of derogation, the amount of the labor compensation may not be lower than the wages of the last 6 months when the judge finds that the dismissal is null because he has intervened:
- In violation of fundamental freedom
- Related to the facts of harassment or sexual
- Pursuant to discriminatory measure or following legal action brought by the employee on the basis of the provisions on discrimination
- Following legal proceedings initiated by the employee on the basis of the provisions on professional equality between men and women
- Following the denunciation of a crime or an offense
- In breach of the provisions on protected employees
- In breach of the provisions on the protection of pregnant employees, the protection of employees during leave related to birth or adoption and the protection of employees who are victims of occupational injury or illness
There is no provision for a maximum amount.
The labor allowance shall be awarded in addition to the salary due from the employer for the period between breach of contract and cancelation of his dismissal.