S.L. 452.134 Art. 18Protection from dismissal, other adverse consequences and the burden of proof.

(1) A worker who is dismissed shall be regarded for the purposes of these regulations as having been unfairly dismissed if the reason for the dismissal of the worker is that the worker refused or proposed to refuse to comply with a requirement which the employer imposed or proposed to impose in contravention of these regulations, or refused or proposed to refuse to forgo a right conferred on him by these regulations or, in any other manner, exercised his rights provided for in these regulations.

(2) A worker who considers that he has been dismissed, or has been subjected to measures with equivalent effect, on the grounds that he has exercised the rights provided for in these regulations, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide such grounds in writing.

(3) When a worker establishes before the Tribunal facts from which it may be presumed that there has been such an unfair dismissal or an equivalent measure, it shall be for the employer to provide evidence that the dismissal was based on grounds other than those referred to in sub-regulation (1).

(4) Without prejudice to articles 45 to 47A of the Act, a worker who has been paid wages less than the rate applicable according to the National Minimum Wage Standard Order and Wage Regulation Orders in force, shall have the right to submit a complaint to the Director who shall investigate the matter and order the employer to pay the worker wages in conformity with the National Minimum Wage Standard Order and Wage Regulation Orders which are in force.

(5) In cases referred to in sub-regulations (1) and (2), a worker may submit a complaint to the Tribunal set up in terms of article 73 of the Act.