The decision of the European Committee of Social Rights (ECSR) on the merits in Confédération Générale du Travail Force Ouvrière (CGT-FO) v. France, Complaint No. 160/2018 and Confédération générale du travail (CGT) v. France, Complaint No. 171/2018 became public on 26 September 2022.
In their complaints, the complainant organisations, CGT-FO and CGT, asked the ECSR to find that the reforms made to the French Labour Code (code du travail), introduced by Order No. 2017-1387 of 22 September 2017, violate Article 24 of the Charter (the right to protection in cases of termination of employment) on the ground that they lay down an upper limit on the amount of compensation paid to the worker in the event of dismissal without valid reasons. The complainant organisations asserted that this means that victims of unjustified dismissals are unable to obtain through the domestic courts compensation that is adequate in relation to the damage incurred and dissuasive for the employers, and that the reform fails to guarantee a right to an effective remedy against the unlawful dismissal.
The European Committee of Social Rights (ECSR) adopted its decision on the merits on 23 March 2022.
In its decision on the merits, the ECSR concluded:
- unanimously that there is a violation of Article 24.b of the Charter.