Would dismissing a CDI without just cause be cheaper than paying the precariousness premium of a CDD? It’s more complicated than that…

On Wednesday, the Court of Cassation validated the “Macron scale”, the ordinance that limits compensation for dismissal without just cause or without real and serious cause to industrial courts. Adopted in 2017, this scale was undermined by several jurisdictions that ignored this limit, based on article 24 of the European Social Charter of 3 May 1996, ratified by France. By ruling out the possibility of judging “case by case”, the highest court of the French court order endorses the application of the scale.

The announcement stirred social media, and several netizens noted that, from now on, the employer will pay less when dismissing an employee with a permanent contract (CDI) without just cause, instead of having to pay the precariousness premium to an employee. forward contract (CDD). An idea that, if true, could transform the world of work and the job market.

The idea, widespread on social media, is not true in all cases. – Print Screen

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The reality is not so absolute, as this statement is only true in some cases. The precariousness premium is compensation paid to the worker on a fixed-term basis at the end of his contract if it is not continued by a permanent contract. It is equal to at least 10% of the total gross remuneration paid during the contract. However, there are exceptions for which this percentage is limited to 6% by agreement or collective agreement extended in the field (and in exchange for privileged access to professional training). It may not be paid in some special cases, such as refusal of a permanent contract for the same job, for example (exceptions are detailed on the URSSAF website).

The “Macron scale” depends on two criteria: the size of the company (less than 11 employees or 11 employees and more) and the employee’s seniority in the company. Thus, according to these criteria, the company will have to pay different amounts to its employee dismissed abusively or without just cause, amounts sometimes less important than a precarious premium for a CDD of equivalent seniority, sometimes more.

Winners-Losers… It also depends on the size of the company

For example, for a 12-month CDD that receives a salary of 2,000 euros gross, a company, regardless of its size, will pay you 2,400 euros at the end of your contract. In case of dismissal without real and serious cause of a worker with a permanent contract after 12 months with the same salary, the company with less than eleven workers will have to pay between 1,000 and 2,000 euros according to the judge’s decision. A company with eleven or more employees will have to pay between 2,000 and 4,000 euros.

Screenshot of the summary table of labor compensation in case of dismissal without just cause.
Screenshot of the summary table of labor compensation in case of dismissal without just cause. – Print Screen

Another example, for a 24-month CDD who receives a salary of 4,000 euros gross, the company will have to pay him 9,000 euros of precariousness bonus. For a CDI, the company with less than eleven employees will pay between 2,000 and 14,000 euros, and between 6,000 and 14,000 euros for the company with eleven or more employees in case of dismissal without just cause.

Significant risks compared to financial gains

To find out in which tier an employee with a permanent contract is dismissed without just cause, he can access the website service-public.fr, which offers a table of the different possibilities. The website recalls that when the judge considers that the dismissal is null because it took place under certain conditions (harassment, violation of fundamental freedoms, etc.), the Macron scale does not apply, therefore, the amount of compensation prud’homale cannot be lower. than the wages of the last 6 months.

Asked about these topics by 20 minutesClaire Abate, labor lawyer and founder of AC Legal Avocat, specifies that the measure is unlikely to lead to a shift in hiring on permanent contracts to favor unfair dismissal, even if it is less costly for the employer than a bonus of precariousness: “Companies are not going to play calculating to the last penny what it would cost them in this type of case. First, because they have a brand image to preserve, and the judgments in the Prud’hommes are not brilliant for them. But also because they have a social climate to preserve. They will not have fun multiplying dismissals without just cause at the risk of losing the trust of other employees. »

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