Tuesday, January 8, 2019

Limitation of labor arbitration awards is hot - en.live-feeds.com



The labor courts of Troyes and Amiens both ruled, a few days apart, that the ceiling on industrial tribunals was contrary to international law.



The capping of labor arbitration benefits, flagship measure of labor law reform, will it be questioned? The question may arise as a result of the judgments rendered by the industrial tribunals (consisting of two employee representatives and two employer representatives) of Troyes and Amiens, respectively on 13 and 19 December. Both courts considered that this measure was contrary to international law.


The amount of compensation subject to a scale


In the visor of the judges of first instance, the ordinances of the reform of the Labor Code of September 2017, desired by Emmanuel Macron. In particular, they provide that " the judge awards the employee compensation to the employer, the amount of which is between the minimum and maximum amounts set In a table. Thus, this allowance can not exceed the equivalent of 20 months of gross salary, and will be determined according to the seniority of the employee in the company.


Concerning the case of Fidèle T., employee of a grocery store who believes that she has been "Dismissed without real and serious cause", the industrial tribunal of Amiens went against this reform. In this judgment of December 19 that La Croix was able to consult, the judges consider that " if legally, the scale must be applied, it is necessary to check if this scale is in adequacy with the rules of law applicable in the field of labor law ".


Orders work, one year after


The labor courts recall that France ratified in 1989 the International Labor Organization (ILO) Convention 158, according to which national courts must be empowered to "Order the payment of adequate compensation or any other form of reparation considered appropriate" in the case of unjustified dismissal - and not a sum fixed by a scale.


According to them, " the provisions of the national legislation can not be To the international convention. As a result, the company was ordered to pay € 2,000 to its former employee, " as damages for dismissal without real and serious cause ". This judgment follows a similar one, made a few days earlier, on December 13, by that of Troyes.


Wait until the court of appeal is seized


In any case, the outcome of these cases is still distant. " Very often, as at Amiens, the judges of the prud'hommes do not order provisional executionsays Philippe Chaline, a lawyer specializing in labor law. The decisions do not apply right away. It is likely that convicted employers will appeal. This will block the outcome of the case for one, two or even three years. These people who won will not see the color of their money during that time. "


To decide these cases, it remains to wait for the court of appeal to be seized, and perhaps even the Court of Cassation, the highest court of the French judiciary, which has a key role in the unification of the jurisprudence. According to the daily Le Monde, the Ministry of Labor would be quite serene: seized end of 2017, the Council of State would have swept away in advance the arguments invoked by the labor courts.


Clément Grillet


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