Categories: Insights, Publications · News, Publications

Tag: Cassazione, ferie


16 Oct 2020

The Supreme Court reaffirms the right to the inalienability of holidays/annual leave (Guida al Lavoro de Il Sole 24 Ore, 16 October 2020 – Vittorio De Luca and Antonella Iacobellis)

Supreme Court no. 13613/2020 stated that: “The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated from and whose implementation by the competent national authorities can only be carried out within the limits explicitly indicated by Directive 2003/88. It is not compatible with art. 7 of the aforementioned directive, a national legislation that provides for an automatic loss of the right to paid annual leave, not subject to prior verification that the worker has actually had the possibility to exercise this right, in fact the employee must be considered the weak party in the employment relationship. work, so that it is necessary to prevent the employer from having the right to impose a restriction on his rights “.

Therefore, the non-payment of a financial allowance for the annual leave not taken at the time of the termination of the employment relationship would not only be in conflict with

  • Article 7 “Annual leave” of Directive 2003/88 according to which: “1. Member States shall take the necessary measures to ensure that each employye benefits from paid annual leave of at least 4 weeks, according to the conditions for obtaining and granting national practices. 2. The minimum period of paid annual leave cannot be replaced by a financial allowance, except in the event of termination of the employment relationship.“;
  • but also with Article 36 Italian Constitution: “The worker has the right to a remuneration proportionate to the quantity and quality of his work and in any case sufficient to ensure a free and dignified existence for himself and his family. The maximum duration of the working day is established by law. The worker has the right to weekly rest and paid annual leave, and cannot renounce them ”.


Source: Guida al lavoro de Il Sole 24 ore.

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

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 aprile 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…