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Justice applies 'minimum standard' for paid leave

| News | Employment Law and Social Security

Alfredo Aspra analyses the minimum standard for paid leave established by the Superior Court of Justice of Navarre

The High Court of Justice of Navarre establishes that the principle to be applied in cases of paid leave is that of minimum standard and not that of more favourable standard. "Article 37.3 of the Workers' Statute is a rule of necessary relative law that admits improvement, but not worsening, via collective agreement or individual employment contract", explains the 25 March 2019 ruling.

Alfredo Aspra, partner in the Labour Area of Andersen Tax & Legal, points out that the ruling confirms the condemnation of the Social Court of Navarre for the right of the plaintiff to have taken a leave of absence or paid leave of two days due to the death of his spouse's grandmother. This sentence, now confirmed, condemns the company to pay the plaintiff the claimed amount of 315.18 euros, plus the legal interest for late payment, as an excess of working hours due to the undue denial of the paid leave that he had requested.

You can read the complete article in El Economista.

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