Home » Legal developments » European legislation » EU: a worker reinstated following unlawful dismissal must be granted paid leave entitlement for period between their dismissal and reinstatement (CJEU) EU: a worker reinstated following unlawful dismissal must be granted paid leave entitlement for period between their dismissal and reinstatement (CJEU) 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. Through . Published on 29 June 2020 à 16h36 - Update on 29 June 2020 à 16h47 Resources 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),… Need more info ? Contact mind's on-demand study service Which service do you want to contact :WritingCommercial serviceTechnical SupportFirst name Last name Organization Function email* Object of the message Your messageRGPD J’accepte la politique de confidentialité.PhoneThis field is for validation purposes and should be left unchanged. Essentials Les dernières publications Supporting parenthood in the workplace: a win-win strategy Supporting employee carers: a CSR challenge Analyzes Les dernières publications Paternity leave: data observations from 41 countries EU: during H1 2022 five EU Member States have raised their minimum salary levels