The Monetization of Vacation at the End of the Employment Relationship Can Never be Denied

European Court of Justice, judgment of 18 January 2024 (C-218/22)

Pursuant to Article 7 of Directive 2003/88/EC and Article 31(2) of the Charter of Fundamental Rights of the European Union, a national provision (Article 5(8) of Decree-Law No 95 of 6 July 2012) which, for reasons relating to the containment of public expenditure and the organizational needs of the public employer, provides for the prohibition on paying the worker an allowance in lieu of the days of paid annual leave completed both in the last year of employment and in previous years and not taken on the date of termination of the employment relationship, where he voluntarily terminates that employment relationship and has not shown that he did not take leave during that employment relationship for reasons beyond his control.

By Quorum, Italy, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact italy@transatlanticlaw.com

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