Sul diritto del lavoratore a godere delle ferie maturate tra il momento dell’ingiustificato licenziamento e quello della reintegra nelle proprie mansioni

The note comments favorably on an innovative ruling of the Court of Justice about the right to paid annual leave, which is guaranteed by art. 7, par. 2, of Directive 2003/88/EC, and by art. 31, par. 2 of the Charter of Fundamental Rights of the European Union. This right, according to the commented judgment, accrues not only during the periods actually worked, but also during those between an unlawful dismissal and the reinstatement resulting from a judicial decision. In these circumstances, the absence of theemployee from the workplace is characterized as ‘unpredictable’ and ‘independent of his will’. Being the employer responsible for the dismissal, he will be required to bear the costs or the holidays not enjoyed by the worker during the whole time considered. If in the meantime it has become impossible to reinstate the worker, the Court has correctly established that he is entitled to compensation.