The Supreme Court affirms that it must be considered as the time of the work activity, the time of the justification of a dismissal process when finally the effective reinstatement of the worker is chosen.
BY Lefebvre, 02:45 – 21 June 2021
After the declaration of nullity of the dismissal, the time elapsed until the effective return to work must be calculated as actually worked for the purposes of accumulating vacation, since the cause of the interruption of the work performance is beyond the control of the worker.
Once the nullity of the collective dismissal produced on 04/10/2015, the company is ordered to reinstate the dismissed workers and to pay them the salary from the date of the dismissal until the effective reinstatement produced on the 17th. / 07/2015.
One of the workers requests a vacation allowance for the days generated between the date of dismissal and reinstatement. The company rejects the request because it considers that the worker should be considered as compensated with the salary. He further alleges that the purpose of the vacation is to provide workers with the necessary rest to recover from the wear and tear caused by their professional activity and that during the period between dismissal and reinstatement there was no benefit. services.
The Supreme Court does not agree with the company’s thesis and applies its own contained doctrine to the case. The Supreme Court affirms that it must be considered as working time, the time to justify a dismissal procedure when it finally opts for the effective reinstatement of the worker. Analyzing European and ILO regulations, he argues that if during this period there was no effective work, it is not because of the will of the worker, but because of an extinguished act of the company which is subsequently declared illegal and whose illegal effects are being completely restored by readmission. For this reason, this time equivalent to working time has its effects also on the right to vacation which the worker does not enjoy.
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