The accrual of this right "cannot be prevented by the suspension of the relationship due to illness", nor can it be disregarded by collective bargaining or by art. 10 of the d. lgs. no. 66/2003, which “in confirming the application of art. 2019 of the civil code, authorizes collective agreements only to provide for more favorable conditions"
15/08/2014 – The Daily Nurse 
In a holiday period par excellence, such as the summer one, comes the interesting pronunciation of the work section of the Court of Cassation, n. 17177/2014 [of 29.07.2014. Compliant: Cass. ON sent. no. 14020/2001], which reaffirms the constitutional protection of the worker's right to annual leave, affirming the mandatory principle according to which the accrual of this right "cannot be prevented by the suspension of the relationship due to illness", nor can it be disregarded by collective bargaining or by the 'art. 10 of d. lgs. no. 66/2003, who “in confirming the application of art. 2019 of the civil code, authorizes collective agreements only to provide for more favorable conditions". Called to intervene in a matter concerning the proportional reduction of the amount of holidays for a worker in relation to periods of illness exceeding 180 days, the Supreme Court confirmed the appeal ruling which declared illegitimate the art. 10 of the CCNL of 12 March 1980, ordering the employer to return the days of absence due to illness to the employee. Considering, therefore, the appellant company's appeal inadmissible, the Court specified that “the worker's right to annual leave, protected by art. 36 of the Constitution. , can be linked not only to a function of consideration for the work activity, but also to the satisfaction of the fundamental psychological needs of the worker, who - regardless of the effectiveness of the service - through holidays can participate more incisively in family and social life and can having one's right to health protected in the interest of the employer himself; from this it follows that the maturation of this right cannot be prevented by the suspension of the relationship due to illness of the worker and that the same private autonomy, in determining the duration of the holidays pursuant to art. 2109, paragraph, code civ., finds an insurmountable limit in the need to equate periods of absence of the worker due to illness to periods of service"
Source: Holidays: illness cannot suspend entitlement (www.StudioCataldi.it)
Read the full article on: http://thedailynurse.eu/ http://thedailynurse.eu/blog/2014/08/16/ferie-la-malattia-non-puo-suspendere-la-maturazione-del-diritto/ | The Daily Nurse
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