Yes.
Trade union organisations which prove that they are generally representative at national level or are representative in a particularly important sector of the economy, may enforce, before civil or administrative courts, the rights granted to a posted worker in cases of infringement of the rules and conditions associated with posting, causing direct or indirect harm to the collective interests with the defence of which they are concerned by virtue of their purpose, even if they do not prove a material or non-material interest.
However, the trade union organisations referred to may not enforce, in a primary capacity, the rights granted to workers unless the latter expressly manifest their opposition by following the procedure described below.
The worker shall thus be informed of the legal action envisaged by the trade union organisation by registered letter or by any other means ensuring a reliable record. The said letter shall specify the nature and subject matter of the proceedings envisaged by the trade union organisation and shall indicate that:
- the worker may give the trade union organisation notice of his opposition to the envisaged action within a specified time limit
- the trade union organisation may itself exercise available remedies;
- the worker may, at any time, intervene in the proceedings commenced by the trade union organisation.
Where a legal action is brought by a posted worker, the trade union organisations concerned may in all cases intervene in the proceedings commenced if the outcome of the dispute may be of collective interest to its members, save where a written objection is duly lodged by the person who brought the action.