how much you earn on vacation days

Lying on a sunbed by the sea, or immersed in the greenery of a walk in the mountains, employees on vacation might ask themselves how much they are earning during their holidaysthat is, if they have to expect a lower paycheck than the months fully worked.

Answer the question about how much salary is due on vacation days however, it is not as simple as one might think. In fact, it is true that company holidays, when taken, must be paid at 100%, but it is also true that the term “salary”Is quite large.

In fact, it could happen that there are salary emoluments recognized only on working days: for this reason the salary received during the holidays could be lower than usual. This is why returning from vacation can be very traumatic for the worker and not just for the end of the holidays.

Therefore, although the Constitution establishes that the employee is entitled to a certain number of holidays each year and that these must be paidnothing prevents the employer from paying a lower salary by not recognizing some salary items in the unworked period.

In this regard, there was recently an important intervention by the Court of Cassation which clarified the how much the salary recognized in the days of vacation can be lower than the normal salary.

Paid holidays: what does the Constitution say?

Before delving into the discussion related to holiday pay let’s see costa establishes on thearticle 36 of the Constitution.

Here we read that the “worker has the right to weekly rest and paid annual leave”And that he cannot renounce it. It is article 2109 of the Civil Code, on the other hand, that establishes that the weeks of vacation accrued by the worker during the year are four, two of which must be enjoyed continuously in the year in which they were accrued. The other two, on the other hand, can be enjoyed within the 18 months following the year of accrual.

There are Ccnl however, which may provide more favorable conditions for the worker than those indicated by the Civil Code, recognizing for example more days of vacation.

However, there is nothing to prevent collective agreements from providing for a economic treatment more holidays disadvantageous compared to the normal salary recognized during the period of employment; as anticipated, in fact, during the summer holidays the employee may not be entitled to the recognition of certain indemnities, thus entailing the salary reduction.

The important thing, however, is that the salary is suitable to ensure the effective use of holidays; a reduction such as to make the salary much lower than that actually received during the period in which one is in service, in fact, could discourage the worker to take vacation.

What parts of the salary are not paid during the holidays?

Article 36 of the Constitution states that the “worker has the right to remuneration commensurate with the quantity and quality of his work“; it is precisely because the pay has to be proportionate to the amount of worktherefore, that the remuneration of the working period may not include the average of all the elements and items of the remuneration paid in the months “worked”.

Of course the employer cannot act freely, as he has to respect as established by the National Collective Agreementas well as guaranteeing adequate remuneration to safeguard the effective enjoyment of holidays.

We can summarize by saying that in the calculation of the salary received during the holidays are excluding all payments of an occasional naturesuch as surcharges for overtime. The only case in which the latter are admitted in the calculation is that for which, as noted by the Supreme Court, the relevant National Collective Labor Agreement includes overtime in the “de facto global remuneration”Which includes all the remuneration elements received.

If not, even if it is fixed overtime flat ratethis is excluded from the calculation of the salary due during the holidays.

In the salary, however, they are always included contributions and share of Tfrgiven that even during the holidays the salary received is taxable for social security purposes.

Salary during vacation: how much lower can it be?

As anticipated, on the difference between the salary received during the holidays and the normal salary, the Court of Cassationwith the sentence no. 13425 of May 17, 2019.

Here the Supreme Court affirmed that if the judge is called to verify theadequacy of the remuneration paid during the holidays, will have to evaluate the various elements that usually make up the salary, as well as the tasks entrusted to the employee. On the other hand, the Supreme Court pointed out that the right of the worker to take advantage of paid holidays is protected not only by thearticle 36 of the Constitution and fromarticle 2109 of the Civil Codebut also from community legislationwhere – precisely in the directive 2003/88 / EC – we read that for the entire duration of the same, the employee has the right to maintain the “ordinary salary“, As otherwise this would be discouraged from using it.

In this regard, also based on a consolidated orientation of the European Court of Justice, the Cassation explained that any emolument connected to the tasks that the worker is usually required to carry out, by virtue of the employment contract, must also be taken into consideration on of holidays.

What does this mean? According to the Supreme Court, in calculating the salary to which one is entitled during the holidays, all the personal and professional elements of the worker must be taken into consideration, with the exception of those intended to cover occasional expenses.

In summary, the salary during the holidays can also be lower than the normal salary but only because the expenses occasionally recognized in the days worked are lacking. The difference must therefore be minimal, since otherwise the employee would have no interest in taking the holidays, going against what is a constitutionally guaranteed right.