S.L. 452.126 Art. 18Protection 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 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 or her by these regulations, or in any other manner, exercised his rights provided for in these regulations.

(2) 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 these regulations, may request the employer to provide duly substantiated grounds for the dismissal or the equivalent measures. The employer shall provide those grounds in writing.

(3) When a worker establishes before the Tribunal facts from which it may be presumed that there has been such a dismissal or an equivalent measure, it shall be for the employer to prove 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 present a complaint to the Tribunal set up in terms of Part III of Title II of the Act.