The decree rendered by the ECJ yesterday, February 27 confirms a first ruling rendered in 2009. It reminds that the benefits for laying a worker off during a period of part-time work within the framework of parental leave must be calculated on the basis of the full-time salary.
This case concerns the fixed-sum protective award provided for by law payable to a female employee on parental leave, dismissed by the employer who terminated the contract without compelling or sufficient reason. This compensation is equal to six months’ salary. The employer had calculated it with reference to the salary payable during the period of part-time work within the framework of parental leave. The plaintiff objected to this method of calculation, so the Court of Justice of the Euro
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