Entitlement to annual leave (annual leave equivalent) after judicial reinstatement of an employee – a pro-EU interpretation of national law

Abstract The author discusses a precedent-setting decision of the Court (judgment of 4 December 2024, II PSKP 18/24), which clarifies that the provision of Article 171 § 1 in connection with Article 57 § 4 and Art. 51 § 1 second sentence of the Labour Code can be interpreted pro unionistically so as to ensure that a reinstated employee is entitled to a cash equivalent for unused annual leave acquired during the period of unemployment.

Jaśkowski, K. (225). W: E. Maniewska, K. Jaśkowski, Komentarz aktualizowany do Kodeksu pracy, LEX/el., art. 51.