If an employee is dismissed for a reason that is not genuine and serious, the judge may propose that the employee be reinstated in the company, while retaining his or her acquired benefits.
If either party refuses this reinstatement, the judge will award the employee compensation payable by the employer, the amount of which is between the minimum and maximum amounts set out in the table below.
Employee’s length of service with the company
(in complete years) |
Minimum compensation
(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 over | 3 | 20 |
In the event of redundancy in a company usually employing fewer than eleven employees, the minimum amounts set out below shall apply, notwithstanding those set out in the previous paragraph:
Employee’s length of service in the company
(in complete years) |
Minimum compensation
(in months of gross salary) |
---|---|
0 | Not applicable |
1 | 0,5 |
2 | 0,5 |
3 | 1 |
4 | 1 |
5 | 1,5 |
6 | 1,5 |
7 | 2 |
8 | 2 |
9 | 2,5 |
10 | 2,5 |
To determine the amount of compensation, the judge may take into account any redundancy payments made in connection with the termination of the contract, with the exception of the redundancy payment referred to in article L. 1234-9.
This indemnity may be combined, where applicable, with the indemnities provided for in Articles L. 1235-12, L. 1235-13 and L. 1235-15, subject to the maximum amounts provided for in this Article.