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Unless provided otherwise, the damages granted by a court should be construed as a gross amount

French Supreme Court, July 3, 2019, n° 18.12149

Where a Labour court sentences the employer to pay damages for unfair dismissal to a former employee, without explicitly mentioning whether the amount thereof is meant to be considered a gross or net amount, the French Supreme Court states it should be treated as a gross amount. The employer is thus bound to deduct the employee’s part of any social security contributions that may weigh thereon.

Following several sometimes-inconsistent decisions, the French Supreme Court now comes up with a more than welcome clear decision. This should reduce any future argument on this topic.