S.L. 452.135 Art. 9Protection from dismissal and 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 an order which the employer imposed or proposed to impose, in contravention of these regulations, or refused or proposed to refuse to renounce to 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 reasons 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, the employer shall provide evidence that the dismissal was based on grounds other than those referred to in sub-regulation (1).

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