D2h8 - Before what court may proceedings by an employee against his employer be brought?

An employer whose registered office is within the territory of a Member State may be sued, regardless of his/its nationality:

  • before the courts of the Member State where he/it has its registered office; or
  • in another Member State:
    • before the courts of the place where the worker habitually performs his work (or the last place where he habitually performed his work); or
    • where the worker does not, or has not, habitually performed his work in a single country (mobile employee), before the courts for the place where the establishment which recruited the worker is or was located.

An employee may therefore choose from among the various courts the one before which he wishes to bring legal proceedings.

Dernière mise à jour