The indemnity guarantee and its extension to non jurisdictional workers’ action

Abstract

This paper analyses the indemnity guarantee as a necessary consequence of the constitutional recognition of the right to an effective remedy before a tribunal. We analyse as well as its effectiveness towards public authorities and (horizontal) relationships between individuals.

In particular, we examine the extent of the indemnity guarantee to non-strictly judicial proceedings (preparatory actions, mandatory pre-trial actions and facultative actions). We also examine the extent of the indemnity guarantee to the complaints made before the Labour Inspectorate and before other public authorities.

Lastly, we study private claims addressed to the employer to avoid the judicialization of the claim as well as the protection which must be granted to those proceedings, whatever the form they may take.