Dismissal And Vacation On The Same Day

Any period of vacation granted to an employee being dismissed should not be permitted to begin until the following day, to avoid claims that the employee is protected from dismissal.

The Supreme Court has clarified this issue in a case involving an employee who, in the same letter, was both dismissed and granted vacation starting on the same day.

The employee was handed the letter after finishing a night shift from 10pm to 6am.

Employees cannot be dismissed while on vacation under Article 41 of the Labour Code.

However, the Supreme Court ruled that:

• Article 167(1) of the Labour Code implies that employees should use up any unused holiday entitlement during their notice period, where permitted by the employer