S.L. 452.127 Art. 26Protection from dismissal and burden of proof.

(1) A platform worker who is dismissed or is subject to measures with equivalent effect shall be regarded for the purposes of this order as having been unfairly dismissed or subject to measures with equivalent effect, if the reason therefor is that the platform worker has exercised the rights provided for in this order.

(2) Platform workers who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this order, may request the digital labour platform or work agency, as the case may be, to provide duly substantiated grounds for the dismissal or the equivalent measures. The digital labour platform or work agency, as the case may be, shall provide those grounds in writing within a period of ten (10) working days.

(3) When a platform worker establishes before the Tribunal facts from which it may be presumed that there has been such a dismissal or equivalent measures, it shall be for the digital labour platform or work agency, as the case may be, to prove that the dismissal or equivalent measures were based on grounds other than those referred to in sub-article (1).

(4) In cases referred to in sub-articles (1) and (2), a platform worker may file a complaint in front of the Tribunal set up in terms of Part III of Title II of the Act.