sec_2__9__para__2

The Court has ruled on the particular case of workers who were unlawfully dismissed and then reinstated in their employment, in accordance with national law, following the annulment of the dismissal by a decision of a court. It held that those workers are entitled to paid annual leave for the period between the date of the dismissal and that of the reinstatement in their employment, despite the fact that, during that period, they did not actually carry out work for the employer (232). The Court stated that the fact that a worker is deprived of the opportunity to work owing to dismissal that was subsequently held to be unlawful is, as a rule, not foreseeable and beyond the worker’s control. That situation is the consequence of the employer’s actions, and an employer that does not allow a worker to exercise his or her right to paid annual leave must bear the consequences. Thus, the period between the date of the unlawful dismissal and the date of the worker’s reinstatement must be treated as a period of actual work for the purpose of determining the rights to paid annual leave. However, where, during that period, the worker obtained other employment, he or she can claim the entitlement to paid annual leave corresponding to the period of work with the new employer only from that employer.

← sec_2__9__para · All articles · sec_2__9__para__3 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.