L’onere della prova del diritto all’indennità sostitutiva delle ferie dopo la Corte di Giustizia Max Planck

The paper examines the debate concerning the burden of proof of the worker’s entitlement to allowance in lieu of leave not taken, analyzing the position of both the employee whose rest is assigned by the employer and the worker with the power to self-assign leave. It is highlighted that some recent rulings of the Court of Justice have led the Italian Supreme Court to reconsider its traditional orientation, endorsing previously minority theses. The recent rulings of the Supreme Court, including that one commented, concerning a public health manager, are finally discussed to verify their systematic consistency with the princi- ples of the national legal system.