Opinion of the French Supreme Court of 17 July 2019, n°19-70011
In its opinion of 17 July 2019, the French Supreme Court considered that the provisions of Article L.1235-3 of the French Labour Code establishing a scale of compensation for employees who have been dismissed without real and serious cause is compliant with the provisions of Article 10 of ILO Convention No. 158.
In rendering this decision, the French Supreme Court took into consideration the possibility for the judge to propose a reinstatement of the employee and, alternatively, to determine the awarded compensation within the limits of the minimum and maximum amounts set but also to set aside this scale in the event of a null and void dismissal.
In these circumstances, the French Supreme Court considers that Article L. 1235-3 of the French Labour Code allows for adequate compensation as required by ILO Convention No. 158.
As for Article 24 of the European Social Charter, the Court of Cassation considers that it cannot have direct effect.