Employee dismissed from post during notice period must use vacation leave; no double pay allowed.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal seeking double pay for the notice period while on vacation. The plaintiff argued that being dismissed from a management post meant he had no work obligation and thus deserved full wages for his vacation time. The court ruled that while the employee was exempt from work duties, this did not equate to free time, obligating him to use his accrued vacation leave. Consequently, the employer was not required to pay wages for the period the employee was on vacation.
Legislator headnote
AI generatedArt. 71 KP; Art. 170 KP: The statutory exemption from work performance during notice period for a dismissed employee does not constitute free time; the employee remains obligated to utilize accrued vacation leave, precluding a claim for double remuneration for the same period.