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EU: a worker reinstated following unlawful dismissal must be granted paid leave entitlement for period between their dismissal and reinstatement (CJEU)
Planet Labor, 29 June 2020, n°12031 - www.planetlabor.com

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.

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