A new ruling issued by the Court of Cosenza strengthens the recognition of the right to unused holidays for healthcare workers. The case, sponsored by the Consulcesi network of lawyers – reports the group – saw a medical director obtain a significant compensation: a figure of 25 thousand euros, in addition to interest, from the hospital company. This amount was determined considering the 128 days of vacation accrued, but not taken, until the termination of the employment relationship.
“What makes this sentence even more relevant – comments the lawyer Francesco Del Rio – is the quantification established by the judge, which stands at around 200 euros for each day of vacation not taken. Furthermore, the court confirmed the validity of the arguments proposed by the lawyer Croce, arguing that the right to paid annual leave of public managers is indispensable. This means that a manager who has not used the holidays at the time of termination of the employment relationship is entitled to a replacement allowance”.
The appellant, a specialist in cardiology – explains Consulcesi – has shouldered for years the burden of the organizational shortcomings of the structure to which she had been assigned, fulfilling (as happens for the majority of healthcare professionals) the care functions with such self-sacrifice and sacrifice that cannot be not even being able to draw, with the necessary continuity, on the holiday periods provided for by law, with a psychophysical wear and tear that forced her to resign due to the inevitable accumulated stress (mental and physical). “The court – continues Del Rio – showed great sensitivity and attention to the doctor's situation, underlining how the procedural attitude adopted by the company, which remained in default, even turned against itself, having not provided any proof of having allowed the employee to enjoy holidays, nor to have formally invited her to do so”.
Just 8 months of trial – as highlighted in the note – to reach the conviction against the company which now finds itself having to pay the resigning medical director the compensation recognized for all the days of vacation not taken.
The important verdict is not an isolated case – Consulcesi specifies – but is part of a national and community jurisprudential context favorable to public employees who find themselves in the same situation. In fact, this sentence represents only one piece of a broader picture that involves not only healthcare professionals, but all public employees. Only a few months ago, another significant victory was obtained by the Consulcesi legal network, which recovered 15 thousand euros for unused holidays for a retired doctor, bringing the total compensation recovered in the last year to over 300 thousand euros. It is an important economic recognition for those workers engaged in the healthcare world who on a daily basis have to face all the organizational shortcomings present in the panorama of our public companies, drawing on all their personal resources of time and effort, to allow the maintenance of quantitative and qualitative standards of care suited to the increasingly pressing and complex needs of users.
“These sentences represent a victory for the entire healthcare world and for the public sector, who can now trust in the protection of their rights also in relation to unused holidays”, remarks Del Rio. The healthcare category is one of the “most affected in terms of non-payment of holidays accrued and not taken after the end of the employment relationship – concludes Simona Gori, head of Consulcesi Club – Precisely for this reason the Consulcesi Club 2024 offer, a renewed digital solution personalized, contains a service specifically designed for this need”.
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