Article number 158 (unfair dismissal) and a decision of the French Court of Cassation

News article about an opinion of the French Court of Cassation, issued on July 17, 2019, which examines, among other things, the compatibility between Convention number 158 (unjustified dismissal) and the compensation modalities for the dismissal introduced by the Macron Government.  In May 2012, the CCOO and the UGT filed a complaint with the ILO Governing Body requesting that it be said that the reform of the Rajoy Government suffered from four incompatibilities with Convention number 158 and that, in particular, the modification introduced in the calculation of “processing wages” was incompatible with Article 10 of Convention Number 158. The ILO supervisory bodies accepted that the Spanish labor reform was within the flexibility provided in Convention number 158. The report of the tripartite committee that examined the labor market reform introduced by the Rajoy Government can be found on this link.  In October 2017, the General Confederation of Labor – Fuerza Obrera (CGT-FO) and the General Confederation of Labor (CGT) also obtained that the Board of Directors constitute a tripartite committee to say whether the limits of the compensation imposed on Courts for reform of the Macron Government are adequate and appropriate as required by Article 10 of Convention Number 158. The report of the tripartite committee in charge of examining the claim of the French confederations is not yet known.  The Court of Cassation said that French law is compatible with Convention number 158.

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