The complaint was registered on 12 March 2018. It relates to Article 24 (right to protection in cases of termination of employment) of the Revised European Social Charter. CGT-FO alleges that the Order No. 2017-1387 of 22 September 2017 which introduced a ceiling on the amount of compensation that may be awarded to an unlawfully dismissed employee, is contrary to the above-mentioned provision of the Charter in that it excludes the worker from claiming a higher amount of damages which he/she may have suffered due to the dismissal.
Case document No.1, Complaint registered on 12 March 2018
Case document No. 2, Submissions by the Government on the merits
Case document No. 3, Observations by the European Trade Union Confederation (ETUC)
Case document No. 4, Observations by the International Organisation of Employer (IOE) (French only)
Case document No. 5, Response from the Government to ETUC observations (French only)
Case document No. 6, Response from CGT-FO to the Government's submissions on the merits (French only)
Case document No. 7, Observations by Syndicat des Avocats de France (French only)
Case document No. 8, Further response from the Government (French only)
Case document No. 9, Response from the Government to the observations by Syndicat des Avocats de France (French only)
Case document No. 10, Observations by the Confédération générale du Travail (CGT) (French only)
Case document No. 11, Response from the Government to the CGT observations (French only)
The European Committee of Social Rights declared the complaint admissible on 11 September 2018.
Decision on admissibility of the Complaint No. 160/2018
Decision on the merits of the Complaints No. 160/2018 and No. 171/2018