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<\/figure>\n<\/figure>\n\n\n\nThe Court of Appeal of Milan upheld the employee\u2019s claims, recognising that these allowances were closely linked to the duties performed and that their exclusion resulted in an unjustified reduction of salary during holidays\u2014one that could discourage the employee from fully enjoying his rest period. According to the appellate judges, excluding such items led to an unjustified reduction of pay during the holiday period, in breach of the European principle of pay equivalence and potentially capable of deterring employees from exercising their right to annual leave.<\/p>\n\n\n\n
The Court of Cassation confirmed this decision, referring to EU Directive 2003\/88\/EC and the case law of the Court of Justice of the European Union, which establish that the right to paid annual leave is a fundamental principle of European social law. Therefore, during the rest period, the employee must receive \u201cordinary\u201d pay, including all elements that are stably connected to the performance of work.<\/p>\n\n\n\n
The Supreme Court also clarified that a reduced salary during holidays may constitute an \u201ceconomic deterrent\u201d, inducing employees to forgo their right to rest. For this reason, any pay component reflecting the usual conditions of work\u2014such as mobility allowances, commissions, or compensation for specific inconveniences\u2014must also be included during the holiday period.<\/p>\n","protected":false},"excerpt":{"rendered":"
With Order No. 27253 of October 12, 2025, the Italian Court of Cassation (Labour Section) reaffirmed that the remuneration to be paid to employees during their holiday period must be equivalent to that received during ordinary working periods. In other words, the employer must also include allowances related to the duties performed if these constitute […]<\/p>\n","protected":false},"author":5,"featured_media":21998,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[167,177,190,196,212,208],"tags":[530,1192,941],"class_list":{"0":"post-21997","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-case-law","8":"category-insights","10":"category-news","12":"category-publications","13":"tag-dismissal","14":"tag-ferie-en","15":"tag-licenziamento-en"},"acf":[],"yoast_head":"\n