The worker who has not been able to take advantage of all the days of paid annual leave before resigning is entitled to a financial compensation .

This was established by the Court of Justice of the EU , specifying that member states cannot cite reasons connected to the containment of public spending to limit this right.

The sentence concerns the case of an official of the municipality of Copertino (Puglia) who voluntarily resigned due to early retirement and had requested recognition of the right to an allowance in lieu of unused annual leave , for a total of 79 days, which he had not taken during the work.

On the other hand, the Court recognizes that «only in the case in which the worker has deliberately abstained from using his vacation days, although the employer has invited him to do so, informing him of the risk of losing such days at the end of a period of reference or authorized carry-over, Union law does not preclude the loss of that right". And therefore: if the worker's manager informed him that he should have used up his holidays, but the worker himself did not do so, the payment could be stopped.

(Unioneonline/vl)

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