Il datore di lavoro non è obbligato a pagare le ferie al lavoratore in malattia


Buongiorno, sono in malattia da diversi mesi in seguito ad un operazione subita. Ho presentato alla mia azienda richiesta di pagamento delle ferie non godute. L’azienda ha rifiutato la richiesta, come posso comportarmi per salvaguardare eventualmente questo diritto? Grazie.



Gentile Signore, in merito al Suo quesito, si precisa che le ferie residue non godute dopo i 18 mesi non si perdono, quindi restano ancora a disposizione del dipendente. Per legge le ferie non possono essere monetizzate durante il rapporto di lavoro. Tale obbligo, infatti, spetta al datore di lavoro esclusivamente con la cessazione del rapporto di lavoro. Se il rapporto di lavoro è ancora in piedi, come nel Suo caso, il datore ha solo l’obbligo di offrire le ferie al dipendente affinché ne goda. Si evidenzia che il diritto del lavoratore alla monetizzazione delle ferie non godute, una volta cessato il rapporto di lavoro, viene meno solo in un caso: se il datore di lavoro dimostra di aver offerto la possibilità di godere del periodo di ferie al dipendente e quest’ultimo si rifiuta deliberatamente e con consapevolezza di voler godere delle ferie nonostante sia stato messo nella condizione di esercitare in modo effettivo il proprio diritto. Deve risultare, dunque, che la volontà di non andare in ferie sia del lavoratore e non quindi del datore. Cordiali saluti.


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