Jurisvio Editorial Team ·
Article L1235-3 scale: compensation table for dismissal without real and serious cause
The full scale (11 or more employees, fewer than 11), null dismissals with no cap, a worked example and the debate over its application. Texts checked at source.
Legal texts cited were checked at source on 5 October 2026. Content not reviewed by a lawyer.
In brief
For a dismissal without real and serious cause, the compensation set by the judge lies between a minimum and a maximum expressed in months of gross salary, depending on complete years of service. In a company with at least 11 employees, the minimum is 3 months from 2 years of service and the maximum reaches 20 months from 29 years. The scale does not apply to null dismissals: compensation is then at least 6 months’ salary, with no cap.
The principle
Where the judge finds that a dismissal is without real and serious cause, the judge awards the employee compensation payable by the employer, between a minimum and a maximum expressed in months of gross salary, according to the employee’s complete years of service in the company (article L1235-3).
The scale does not apply to null dismissals (article L1235-3-1): breach of a fundamental freedom, moral or sexual harassment, discriminatory dismissal, dismissal following legal action on occupational equality or the reporting of crimes and offences, dismissal of a protected employee because of their mandate, or in breach of certain protections linked to maternity, occupational accidents or occupational illness.
In those cases, where the employee does not ask for the contract to continue or reinstatement is impossible, compensation cannot be lower than the last six months’ salary. There is no cap.
Companies with at least 11 employees
- Less than 1 year: no minimum, maximum 1 month
- 1 year: minimum 1 month, maximum 2 months
- 2 years: minimum 3 months, maximum 3.5 months
- 3 years: minimum 3 months, maximum 4 months
- 4 years: minimum 3 months, maximum 5 months
- 5 years: minimum 3 months, maximum 6 months
- 6 years: minimum 3 months, maximum 7 months
- 7 years: minimum 3 months, maximum 8 months
- 8 years: minimum 3 months, maximum 8 months
- 9 years: minimum 3 months, maximum 9 months
- 10 years: minimum 3 months, maximum 10 months
- 11 years: minimum 3 months, maximum 10.5 months
- 12 years: minimum 3 months, maximum 11 months
- 13 years: minimum 3 months, maximum 11.5 months
- 14 years: minimum 3 months, maximum 12 months
- 15 years: minimum 3 months, maximum 13 months
- 16 years: minimum 3 months, maximum 13.5 months
- 17 years: minimum 3 months, maximum 14 months
- 18 years: minimum 3 months, maximum 14.5 months
- 19 years: minimum 3 months, maximum 15 months
- 20 years: minimum 3 months, maximum 15.5 months
- 21 years: minimum 3 months, maximum 16 months
- 22 years: minimum 3 months, maximum 16.5 months
- 23 years: minimum 3 months, maximum 17 months
- 24 years: minimum 3 months, maximum 17.5 months
- 25 years: minimum 3 months, maximum 18 months
- 26 years: minimum 3 months, maximum 18.5 months
- 27 years: minimum 3 months, maximum 19 months
- 28 years: minimum 3 months, maximum 19.5 months
- 29 years: minimum 3 months, maximum 20 months
- 30 years or more: minimum 3 months, maximum 20 months
Companies with fewer than 11 employees
The maximums are the same. Minimums are reduced up to ten years of service; beyond that, the ordinary minimums (three months) apply.
- Less than 1 year: no minimum
- 1 year: minimum 0.5 months
- 2 years: minimum 0.5 months
- 3 years: minimum 1 month
- 4 years: minimum 1 month
- 5 years: minimum 1.5 months
- 6 years: minimum 1.5 months
- 7 years: minimum 2 months
- 8 years: minimum 2 months
- 9 years: minimum 2.5 months
- 10 years: minimum 2.5 months
Worked example
An employee with 5 years of service, in a company of 50 employees, on a gross monthly salary of €3,000: the scale gives between 3 and 6 months, i.e. €9,000 to €18,000. The judge sets the amount within that range.
The text refers to gross salary without defining the basis: Jurisvio uses the reference salary of article R1234-4. Check the basis used by the court concerned.
Other payments that may be added
Insufficient reasons in the dismissal letter and a procedural irregularity give rise, under article L1235-2, to a separate payment that cannot exceed one month’s salary. The text also contains specific rules where the dismissal is without real and serious cause: read it before combining the two.
A scale debated before the courts
The application of the scale has been challenged, in particular under ILO Convention No. 158 and the European Social Charter. The Social Chamber of the Cour de cassation held the scale compatible with Convention No. 158 in decisions of 11 May 2022. Some lower courts have nevertheless set it aside case by case.
Before citing these decisions or relying on a decision from your court’s area, find them in Judilibre and read them: this is what Jurisvio’s citation check does for the documents it helps draft.
In Jurisvio
The severance calculator shows the scale range, according to service at the end of the contract and company size, and the six-month floor for null dismissals. The tables above are generated from the same data as the calculator.
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