D15a34 - What protection is afforded to posted workers in the event of legal action to enforce their rights?

Posted workers, like any other workers, may not be subjected to retaliation for taking legal action to enforce their rights provided for by the Labour Code.

Any provision or act to the contrary, and any dismissal in breach of those provisions, is ipso jure void.

In the event of termination of an employment contract, the posted worker may, within the fifteen days following notification of the termination, submit an ordinary application to the president of the labour court who shall rule as a matter of urgency, the parties being heard or duly summoned, requesting a finding that the dismissal is void and ordering that the contract be maintained or, where appropriate, that he be taken back into the workforce, maintaining his rights of seniority. The order of the president of the labour court shall be enforceable on a provisional basis. It shall be amenable to appeal, brought by an ordinary application, within the forty days following its notification through the registry, before the judge presiding over the chamber of the Appeal Court to which are allocated appeals in matters of employment law. A decision will be given on an urgent basis, after the parties have been heard or duly summoned. Any summons through the registry provided for in paragraph 4 shall include, failing which

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