The dismissal of an employee following legal action taken by or on behalf of that employee, on the basis of the provisions of Chapter II, is null and void where it is established that the dismissal has no real and serious cause and is in fact a measure taken by the employer as a result of that legal action. In this case, reinstatement is automatic and the employee is deemed never to have stopped working.
Where the employee refuses to continue to perform the employment contract, the provisions of article L. 1235-3-1 are applicable.