What are the possible remedies after a ruling by the Labor Court?

Verified 11 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Different remedies are provided, depending on the case, to challenge the judgment of the Labor Court (CPH).

Such remedies shall be available under conditions which vary according to the following cases:

  • Amount to which the appeal relates
  • Party initiating the appeal in the event of counterclaim
  • Documents not provided by the employer

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Amount to which the appeal relates

Since September 1, 2020

The party who wishes to can appeal of the judgment of the CPH.

The appeal period is set at 1 month (or 15 days, if the appeal follows an order of interlocutory).

The acts of the appeal procedure shall be carried out by the lawyer or trade union advocate who represents each party. On appeal, representation by a lawyer or union advocate is mandatory.

After the appeal judgment, it is possible to form a appeal in cassation within 2 months.

However, if the defendant has not appeared (provided that he can prove a legitimate reason, such as illness or expulsion) at the hearing before the court of first instance, he may appeal to the court of first instance opposition.

The opposition period is set at 1 month.

If the opposing party does not appear at the hearing, it may not use this remedy a second time.

If the applicant's claims do not exceed €5,000, the CPH shall act as a last resort. In this case, the call is not possible.

Before September 1, 2020

The party who wishes to can appeal of the judgment of the CPH.

The appeal period is set at 1 month (or 15 days, if the appeal follows an order of interlocutory).

The acts of the appeal procedure shall be carried out by the lawyer or trade union advocate who represents each party. On appeal, representation by a lawyer or union advocate is mandatory.

After the appeal judgment, it is possible to form a appeal in cassation within 2 months.

However, if the defendant has not appeared (provided that he can prove a legitimate reason, such as illness or expulsion) at the hearing before the court of first instance, he may appeal to the court of first instance opposition.

The opposition period is set at 1 month.

If the opposing party does not appear at the hearing, it may not use this remedy a second time.

If the applicant's claims do not exceed €4,000, the CPH shall act as a last resort. In this case, the call is not possible.

Counterclaim

The application must be based exclusively on the original application.

In the event of a counterclaim for damages, the party challenging the judgment of the labor court may then form a appeal in cassation within 2 months of judgment.

However, if the defendant has not appeared (provided that he can prove a legitimate reason, such as illness or expulsion) at the hearing before the court of first instance, he may appeal to the court of first instance opposition.

The opposition period is set at 1 month.

If the opposing party does not appear at the hearing, it may not use this remedy a second time.

Documents not provided by the employer

If the appeal to the CPH concerns the submission by the employer of the mandatory documents (work certificates, pay slips), the CPH decides as a last resort. In this case, the call is not possible.

The party challenging the judgment of the CPH may then form a appeal in cassation. The time limit for appealing on cassation is set at 2 months after the judgment.

However, if the defendant has not appeared (provided that he can prove a legitimate reason, such as illness or expulsion) at the hearing before the court of first instance, he may appeal to the court of first instance opposition.

The opposition period is set at 1 month.

If the opposing party does not appear at the hearing, it may not use this remedy a second time.

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