By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the is to go on holiday, taking account of the legitimate needs of each employee, so that they can organize at best and thus achieve the purpose holidays are to serve, namely to recover the worker’s psycho-physical energy.
The Court found that in the case at hand, among other things, the employees had been forced to take holidays split in a certain number of hours per day, and were informed of it only after that the holidays had been used, specifically when examining the payslip. In this regard, it was confirmed that the employees in question have a valid right to damage compensation. Therefore, the Court has rejected the company’s appeal also on these grounds and decided on the costs.
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