Supreme Court dismissed cassation on vacation leave during notice period validity and delivery of employer's declaration.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by the employee against the lower courts' decision to deny his claim for unused vacation pay. The court found that the employer's right to grant vacation leave during the notice period existed independently of the new Labor Code article's effective date and that the employee's daughter's receipt of the employer's letter did not invalidate its delivery. Consequently, the court ruled that the employee failed to prove the letter never reached him or that he lacked the opportunity to read it, upholding the lower courts' findings on both the statutory timeline and the delivery of the declaration.
Legislator headnote
AI generatedArt. 1671 k.p.; Art. 61 k.c.; The employer's right to grant vacation leave during the notice period applies regardless of the new law's effective date, and the delivery of an employer's declaration is valid if the recipient had the opportunity to become acquainted with its contents, irrespective of who physically received the mail.