Published on :

09/12/2022

Category :

In a decision reached on 26 September 2022, the European Committee of Social Rights (ECSR) found that the upper limit on the compensation that can be awarded to workers in France in the event of unlawful dismissal - as per the  French Labour Code - constitutes a “violation” of the European Social Charter (Article 24b - "the right of workers whose employment is terminated without a valid reason to adequate compensation or other appropriate relief.").

In the complaints brought by French trade unions Confédération Générale du Travail Force Ouvrière (CGT-FO) and Confédération générale du travail (CGT)  both organisations argued that reforms to the French Labour Code meant that victims of unjustified dismissals were unable to obtain compensation through the domestic courts that was adequate in relation to the damage incurred and dissuasive for employers, and that the reform failed to guarantee a right to an effective remedy against unlawful dismissal.

The ECSR found unanimously in favour of the trade unions.

More information on the complaints and the ECSR's decision can be found here.