To enforce their entitlement to the working and employment conditions guaranteed by the posting provisions, posted workers may, even after they have left the territory of the Grand Duchy of Luxembourg, bring legal proceedings before the competent Luxembourg courts, without prejudice, where appropriate, to their right to bring, in accordance with the existing international agreements on the jurisdiction of courts, legal proceedings before the competent courts of another State.
Thus, in accordance with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, an employer whose registered office is on the territory of a Member State may, regardless of his/its nationality, be brought:
- before the courts of the Member State where he has his registered office; or
- before the court 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 habitually perform or has not habitually performed his work in a single state (mobile worker), before the court of the place where the establishment which recruited the worker is located or was located.
A worker may therefore choose from among the various courts the one before which he wishes to bring legal proceedings.