As a rule, labour claims are subject to a statute of limitations. The statute of limitations is (as a rule) 3 years. However, this does not apply to a claim for establishing the existence of an employment relationship, which is not time-barred.

A person employed, for example, on the basis of a civil law contract, may apply for determination of the existence of an employment relationship even many years after the termination of employment.

However, a claim for determination of the existence of an employment relationship is one thing, and a claim for adjudication of employee claims (such as vacation pay or bonuses) is another.

These claims are subject to the statute of limitations (3 years from their due date). This means that even if the court determines the existence of an employment relationship, the employer may evade the settlement of time-barred labour claims.

Find more in the PRO HR December 2022.