This communication, in addition to the requests specified above, also serves as a formal act interrupting any possible statute of limitations and/or legal forfeiture period. Following a ruling no. 6371/2022 the payment of the shift allowance is recognized for each day of vacation taken, with the possibility of claiming back pay for up to 5 previous years. As confirmed by European directives and previous rulings, both from the European Court of Justice and the Court of Cassation, this principle is applicable throughout the national territory. It is important to emphasize that the Court of Justice, since the famous judgment of March 16, 2006, joined cases C-131/04 and C-257/04, had the opportunity to clarify that the terminology “paid annual leave” in Article 7, no. 1, of Directive no. 88 of 2003, means that, for the duration of annual leave, “the remuneration had to be maintained.” If you are interested and want to recover the allowance, Nursing up Umbria will activate, free of charge, its legal consultants for its members and new members. Contact us HERE: vertenzanursingupumb@libero.it
Consequently, companies are required to pay the shift allowance in favor of healthcare professionals also with regard to each individual day of vacation taken.
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