Wrongful Dismissal in France 2026: Your Rights and How to Claim

What Is Wrongful Dismissal in France?

In France, a dismissal is considered wrongful (licenciement sans cause réelle et sérieuse, commonly called licenciement abusif) when the employer fails to demonstrate a genuine and serious reason (cause réelle et sérieuse) as required by Article L.1232-1 of the Code du travail. This includes dismissals based on fabricated reasons, insufficient evidence, or procedural violations. French labour courts take employee protection seriously, and the burden of proof lies with both parties — though in practice, the employer must substantiate the stated reason.

Common Grounds for Challenging a Dismissal

A dismissal may be deemed wrongful if:

• The stated reason is not "real": it must be based on objective, verifiable facts, not subjective impressions or pretexts
• The stated reason is not "serious": minor infractions or isolated incidents generally do not constitute a serious enough reason (e.g., a single instance of lateness)
• Procedural violations: failure to follow the mandatory steps of the dismissal procedure (Articles L.1232-2 to L.1232-6), such as not holding the preliminary meeting or sending the dismissal letter too early
• Discriminatory motive: any dismissal based on a protected characteristic (Article L.1132-1) — age, gender, origin, disability, pregnancy, union activity, sexual orientation, political opinions — is null and void (nul)
• Retaliation: dismissal for exercising a legal right (e.g., filing a harassment complaint, refusing illegal overtime, whistleblowing under the Loi Sapin II)

The Barème Macron: Compensation Scale

Since the Ordonnances Macron of 22 September 2017 (codified in Article L.1235-3 of the Code du travail), courts must apply a mandatory compensation scale (barème) for wrongful dismissal, based on the employee's seniority and the size of the company.

Minimum and Maximum Damages

For companies with 11 or more employees, the scale sets both a floor and a ceiling for damages:

• Less than 1 year seniority: up to 1 month's gross salary
• 1 year: 1 to 2 months
• 2 years: 3 to 3.5 months
• 5 years: 3 to 6 months
• 10 years: 3 to 10 months
• 20 years: 3 to 15.5 months
• 29 years: 3 to 20 months (maximum)

For companies with fewer than 11 employees, the minimum damages are lower (ranging from 0.5 to 2.5 months depending on seniority).

Exceptions to the Barème

The Macron scale does not apply when the dismissal is deemed null (nul). In cases of nullity, the minimum compensation is 6 months' gross salary (Article L.1235-3-1), with no maximum. Grounds for nullity include:

• Discrimination (Article L.1132-4)
• Harassment (Articles L.1152-3 and L.1153-4)
• Violation of fundamental freedoms (right to strike, freedom of expression)
• Dismissal of a pregnant employee (Article L.1225-5)
• Retaliation against a whistleblower

Severance Pay (Indemnité de licenciement)

Independently of any wrongful dismissal damages, every employee dismissed (except for faute grave or faute lourde) is entitled to statutory severance pay under Article R.1234-2 of the Code du travail:

• 1/4 of a month's salary per year of seniority for the first 10 years
• 1/3 of a month's salary per year of seniority beyond 10 years

The reference salary is the higher of: the average monthly gross salary of the last 12 months, or the average of the last 3 months (including any bonuses pro-rated). Eligibility requires at least 8 months of continuous service (Article L.1234-9).

Your collective agreement (convention collective) may provide for higher severance pay — the employee always benefits from the most favourable calculation.

The Prud'hommes Procedure

Claims for wrongful dismissal are heard by the Conseil de prud'hommes (labour court), a specialised jurisdiction composed of equal numbers of employer and employee representatives.

Filing Your Claim

You must file your claim within 12 months of the notification of dismissal (Article L.1471-1 of the Code du travail). For claims involving discrimination or harassment, the limitation period is 5 years.

The procedure involves:

• Conciliation phase: a mandatory attempt at settlement before the Bureau de Conciliation et d'Orientation (BCO). Approximately 10% of cases settle at this stage.
• Judgment phase: if conciliation fails, the case goes to the Bureau de Jugement for a full hearing. You can represent yourself, be assisted by a union representative, or hire a lawyer.
• Departage: if the judges are equally divided, a professional judge (juge départiteur) breaks the tie
• Appeal: either party can appeal to the Cour d'appel within 1 month of the judgment

Timeline: the average processing time at prud'hommes is 14-18 months for the first instance, though this varies significantly by jurisdiction (Paris can take longer).

Legal Aid

If your resources are limited, you may qualify for aide juridictionnelle (legal aid), which covers some or all of your lawyer's fees. Eligibility depends on your income and assets, assessed under Loi n° 91-647 du 10 juillet 1991.

Negotiated Departure: Rupture Conventionnelle

If you are facing a potential dismissal, consider negotiating a rupture conventionnelle (mutual termination) under Articles L.1237-11 to L.1237-16 of the Code du travail. This allows an amicable end to the employment relationship with guaranteed severance pay (at least equal to the statutory amount) and eligibility for unemployment benefits (ARE). The agreement must be approved by the DREETS (labour administration).

How DroitAI Can Help

DroitAI can help you assess whether your dismissal is lawful, calculate your severance pay using our dedicated calculator, estimate Macron scale damages for your seniority, and draft a prud'hommes claim. Describe your dismissal circumstances and our AI assistant will guide you through the applicable provisions of the Code du travail.