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The answer is yes, the employer can revoke holidays, but only in certain circumstances and under specific conditions.
This is established both by the Court of Cassation with ruling no. 27057/2013 of 03.12.2013, and by article 2109 of the Civil Code.
However, it is important to underline that the employer cannot revoke holidays at their own discretion. There must in fact be a serious and objective reason, linked to proven company needs.
Furthermore, the employer must always respect some very specific conditions:
The revocation must take place with adequate notice, effective and timely. Before the colleague leaves. The revocation notice must be clear, unequivocal and timely, and must reach the worker in such a way that they can be made aware of it. The revocation must be proportionate to the company or personal needs that justify it. It is not possible to revoke all of the worker's holidays or just part of them arbitrarily.
Cases in which the employer may revoke holidays:
Company emergencies: for example, floods or fires in the company, plant breakdowns, large-scale emergency protocols.
Sudden work peaks: as in the case of flu peaks, air or rail accidents.
Serious personal incidents: for example, if the employee is involved in episodes of bullying, discrimination, mobbing or fraud against the company.
It is important to specify that:
Chronic staff shortages are not a valid reason to revoke holidays.
It is not admissible to dismiss for just cause a worker recalled to work after the start of their holidays.
Once you have left, there is the right to be forgotten, not to be contacted, click here.
What does the 2019-2021 National Health Collective Agreement say about holidays?
The 2019-2021 National Health Collective Agreement dedicates an entire article (article 49) to holidays and the recovery of abolished holidays. Summarizing the key points:
The employee is entitled, in each year of service, to a paid holiday period. In the case of a five-day working week, where Saturday is considered non-working, the duration of holidays is 28 working days. For employees who instead have a six-day working schedule, the duration of holidays is 32 working days. For employees hired for the first time in a public administration for the first three years of service, including periods worked at any administration, even on a fixed-term basis and even with a different profile or classification, they are entitled to 26 days of holiday in the case of a five-day working week, or 30 days of holiday in the case of a six-day working week.Holidays are an inalienable right of the worker and cannot be monetized, except in exceptional cases of service needs.
Holidays must be taken during each calendar year, subject to employer authorization and taking into account service needs and employee requests.
Holidays accrued and not taken due to service needs can only be monetized upon termination of employment.
Non-recallable holidays do not exist, it is an invention of some employers.
In case of doubts or disputes regarding the revocation of holidays, it is always advisable to contact your union, if you do not have one, contact lapaginadinursingup@yahoo.com
