Supreme Court dismissed appeal; vacation leave equivalence requires explicit contract or custom, not just usage.
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal against a lower court ruling that awarded vacation leave equivalence to a member of the National Council of Radio and Television. The plaintiff argued that established customs entitled him to compensation for unused leave, while the defendant contended that the relationship was not an employment one and no contractual basis existed. The court held that while vacation leave itself can stem from customs, the right to its monetary equivalent must arise from an explicit agreement or a specific custom regarding such equivalence, neither of which was proven.
Legislator headnote
AI generatedArt. 68 k.p.; Art. 22 k.p.; Art. 8 k.p.; Art. 398 § 1 k.p.c.: The right to vacation leave equivalence requires an explicit contractual basis or a specific custom, as mere usage of leave in non-employment relationships does not establish a claim for monetary compensation.