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La barémisation des indemnités pour licenciement abusif : quelques éléments d’analyse empirique

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  • Claudine Desrieux
  • Romain Espinosa

Abstract

This article is the first empirical investigation of the scale for capped damages in case of unfair dismissal that was introduced in France in September 2017. Using an original database, we analyze the differences between the amounts of damages that were granted between 2013 and 2017 and the amounts of damages determined by the scale. Our results show that the impacts of the scale largely depend on the seniority of workers. Claimants with less seniority were more likely to get damages higher than those defined by the scale. However, the introduction of the scale may also have created side effects, such as an increase in the number of heads of claims or in the amount of damages asked by the plaintiffs for these heads of claims.

Suggested Citation

  • Claudine Desrieux & Romain Espinosa, 2020. "La barémisation des indemnités pour licenciement abusif : quelques éléments d’analyse empirique," Revue économique, Presses de Sciences-Po, vol. 71(3), pages 527-556.
    • Handle: RePEc:cai:recosp:reco_713_0527
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    Citations

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    Cited by:

    1. Brigitte Pereira, 2023. "Guidelines, court decisions and dismissals [Barèmes d’indemnisation, décisions de justice et licenciement]," Post-Print hal-04190156, HAL.
    2. Cécile Bourreau-Dubois & Bruno Deffains & Myriam Doriat-Duban & Bruno Jeandidier, 2021. "Guidelines: Decision-Making Tools for Litigantsand Judges [Les barèmes, outils d’aide à la décision pour les justiciables et les juges]," Post-Print hal-03054417, HAL.
    3. Umberto Nizza, 2023. "The expertise effect: the impact of legal specialists’ intervention on the timely delivery of laymen's judgments," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 40(2), pages 589-614, July.

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