Categories: Insights, Case Law

Tag: Dirigente apicale, indennità sostitutiva delle ferie, responsabilità contrattuale del datore di lavoro


30 Oct 2017

Top manager and substitutive allowance for vacation days

The Court of Cassation, with judgement No. 23697, filed on 10 October 2017, confirmed the consolidated case law trend according to which a top manager, who, even if having the power of self-assigning the vacation period, does not exercise such power, is entitled only to a substitutive allowance for vacation days for the current year, unless he/she proves that he/she was not be able to take the leave for exceptional and objective company needs. In particular, the Court of Cassation clarified that the substitutive allowance for any vacation day is based, on the one hand, on the principle of the annual inalienability of a vacation period as established by Directive 2003/88/EC and Legislative Decree No 66/2003 and, on the other hand, in the general civil protection established in the contractual liability, which, however, assumes that failure to meet the mandatory regulation on annual vacation leave by the employee is attributable to the employer. Specifically, in reference to the aforementioned liability, the Court of Cassation stated that the employer’s contractual liability must be considered mitigated in the case of a top manager, since a top manager has the power to self-assign a leave in full autonomy, without suffering any limitation by the employer. From this it follows that in the event of a dispute regarding a top manager failure to use vacation leave, the employer shall prove that the top manager was able to choose time and methods for enjoying the leave autonomously and shall prove that the missed vacation period can be attributed to objective corporate needs.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…