Cassation Court 7 August 2015: the worker and refusal to work on midweek holidays

With its ruling 16592 of 7 August 2015, the Cassation Court declared disciplinary sanction null, specifically a fine, imposed by a clothing company on a salesperson who did not go to work the day of Epiphany, which at the time was during the week. According to the Cassation Court the worker, in accordance with article 2 of Law no. 260/1949, had the complete right to be absent on the occasion of midweek holidays regardless if religious or government, the only exception being in the presence of an agreement between the parties. What is more surprising is that the Supreme Court considered this principle applicable even when there is industry collective bargaining, as is the case here, which allows the employer to demand work even on holidays.