ECJ on paid leave in case of unlawful dismissal and reinstatement

On 25 June 2020 the European Court of Justice (ECJ) ruled on a dismissed employee’s right to
receive indemnity for untaken holiday accrued during the period between their dismissal and court-ordered
reinstatement (Bulgarian and Italian joined cases C-762/18 and C-37/19).

ECJ stated that the right to accrue holiday or receive indemnity for holiday
accrued but not enjoyed cannot be excluded even in the period between an employee’s unlawful
dismissal and their effective reinstatement unless the employee found other employment during said

Report and analysis of Francesco Pedroni and Matteo Schiavone available here

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