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The right to paid annual leave for the period from the dismissal to the reinstateme

The Court of Justice of the EU on 25 June 2020 issued a judgement in joined cases C-762/18, QH vs. Varhoven kasatsionen sad na Republika Bulgaria and C-37/19, CV vs. Iccrea Banca SpA, concerning the right to paid annual leave for the period from the dismissal to the reinstatement. According to the ruling, a worker who has been unlawfully dismissed and subsequently reinstated by a ruling, is entitled to paid annual leave for the period from the date of dismissal until the date of reinstatement. This judgment seems to be important for Polish labour law practice. According to Polish jurisprudence, in the event of reinstatement, for the period of unemployment, due to the fact that this period is not the actual period of employment, the employee does not acquire rights dependent on remaining in an employment relationship, in particular, the right to paid annual leave.

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Keywords: right to paid annual leave; reinstatement
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Labour and Social Security Journal 8/2020
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