In a decision passed on 25 June, the Court of Justice of the European Union (CJEU) grants the right to a worker reinstated after their unfair dismissal has been overturned, to paid leave for the entire period from their dismissal to their reinstatement. The ruling, passed in relation to two cases, one regarding Italian law and the other regarding Bulgarian law, comes in light of Directive 2003/88 on working time, under which the period between an individual’s unfair dismissal and their reinstatement should be treated as actual working time, as the worker has been deprived of the opportunity to work due to the employer's decision.
According to the CJEU, a worker who is unlawfully dismissed and then reinstated in their job following the annulment of their unlawful dismissal by a judicial decision (several national legislations in Europe provide for this possibility), is entitled to assert all the rights to paid annual leave acquired during the period between the date of unlawful dismissal and the date of reinstatement. This period must be treated as actual time worked for the purpose of determining paid leave entitlements
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