A dispute with your employer can arise at any point during the employment relationship, whether you are still in your position or at the time your contract ends. Such disputes can involve various matters, including remuneration (salary, bonuses), working hours, health and safety conditions, disciplinary actions, or situations of harassment or discrimination.

In these situations, the first question that often arises is: which court should you turn to? The answer depends largely on the country where you work. In this article, we explain which jurisdiction to approach.

You Work in France

If you encounter a professional dispute with your employer (unpaid salary, contested dismissal, working conditions, etc.), you have the option to bring your case before the Labour Court (Conseil de Prud’hommes), which is the competent jurisdiction for resolving disputes between employees and employers.

However, before taking such a step, it is advisable to attempt an amicable solution, which can often be faster and less burdensome for both parties.

Which Labour Court Should You Approach?
You can apply to the Labour Court in one of the following locations, depending on your situation:

  • The place where you perform your work;
  • The place where your employment contract was signed;
  • The registered office of your company.

Beware of Statutory Deadlines!
Depending on the nature of your dispute, different time limits apply. Once these deadlines have passed, your claim will no longer be admissible:

  • Unpaid wages: 3 years to take action;
  • Termination of employment (dismissal, contested resignation, etc.): 12 months;
  • Performance of the employment contract (working conditions, contractual clauses, etc.): 2 years;
  • Harassment or discrimination: 5 years.

You Work in Luxembourg

In the event of a dispute regarding your employment contract with your employer, you can bring your case before the Luxembourg Labour Court.

However, before taking such a step, it is advisable to attempt negotiation first.

Which Labour Court Should You Approach?
The competent court is determined based on your workplace location:

  • If your workplace is fixed, you fall under the court of that location;
  • If your work spans multiple jurisdictions, the court of your main workplace applies;
  • If your work covers the entire territory of Luxembourg, the Luxembourg Court has jurisdiction.

To find the competent court, you can consult this dedicated page: Directory of Localities – Assistance and Information – Justice – Luxembourg.

Beware of Statutory Deadlines!
To challenge, for example, a termination of employment or to claim payment of any kind of remuneration, you have 3 months to take action. After this period, your claim will no longer be admissible.

You Work in Germany

In the event of a dispute with your employer regarding your employment contract, you must bring your case before the German Labour Court (Arbeitsgericht).

However, before taking this step, it is advisable to attempt conciliation by contacting the Works Council within one week following dismissal.

Which Labour Court Should You Approach?
The competent Labour Court is either the court of the district where the employer’s residence or headquarters is located. The court of the district where the employee normally performs their work is also competent.

Beware of Statutory Deadlines!
The deadlines for taking action vary depending on the type of dispute. Once these deadlines have passed, your claim can no longer be considered.

For example:

  • Unpaid wages in Germany: 3-year limitation period;
  • Termination of employment: the employee has 3 weeks from the receipt of the written dismissal notice to bring the case before the Labour Court.

You Work in Belgium

In the event of a dispute with your employer regarding your employment contract, you can bring the case before the competent Labour Court.

However, before taking this step, it may be preferable to attempt conciliation.

Which Court Should You Approach?
The dispute must be brought before the Labour Court of the district where your workplace is located.
Belgium has a total of 9 Labour Courts:

  • Antwerp
  • Ghent
  • Leuven
  • Brussels (Dutch-speaking)
  • Brussels (French-speaking)
  • Eupen
  • Liège
  • Walloon Brabant
  • Hainaut

Beware of Statutory Deadlines!
The deadlines for taking action vary depending on the type of dispute. Once these deadlines have passed, your claim will no longer be admissible:

  • Performance of the contract (unpaid wages, breach of a contractual clause, etc.): 5 years from the event giving rise to the claim;
  • After the end of the contract (contested dismissal, resignation, etc.): 1 year from the termination of the contract, which takes precedence over the previous period;
  • Unpaid holiday allowance: 1 year from the last payment made by the employer.

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