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Press release: To the kind attention of; General Director Trade Union Relations Office cc: to all Ausl Romagna employees
Subject: Request for payment of shift allowance in favor of employees.
The undersigned Trade Union Organization issues this communication in favor of the employees of your Company.
The request, as stated above, is made following a very recent jurisprudential orientation which establishes that the Company is required to pay the shift allowance in favor of healthcare collaborators also for each day of vacation taken.
It should be emphasized, that already 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 art. 7, no. 1, of Directive no. 88 of 2003, means that, for the duration of annual leave, “remuneration had to be maintained.”
Consequently, all your employees would be entitled to all shift or daily allowances (which are considered included in the concept of maintenance of remuneration), including back pay from previous years.
You are invited to contact, in any case, the undersigned Union, within and no later than 7 (seven) days from receipt of this notice, in order to evaluate every possible solution to the dispute in question.
This notice, in addition to the above requests, also serves as a formal act interrupting any possible statute of limitations and/or legal forfeiture period.
Awaiting your reply, we extend our Best Regards.
Forlì-Cesena – 24/04/2024
Nursing Up Emilia-Romagna
Regional Manager: Francesca Batani
We remind you that in Emilia Romagna we have already activated our legal counsel and are waiting to proceed with the dispute. All those who have filled out the form will be contacted.
