The calculation of the compensation in lieu of notice in case of parental leave: the point of view of the Court of Justice

In our latest ezine we referred to the discussion on the calculation of the compensation in lieu of notice in case of reduced work.

In the case of dismissal during a period of career interruption, the Court of Cassation and the Constitutional Court decided that the compensation in lieu of notice is to be calculated based on the reduced work activities of the employee.

The Court of Justice has now stated in a Belgian case (ECJ, case-116/08 (C. Meerts v. Proost nv)) on the calculation of the compensation in lieu of notice in the case of dismissal during parental leave.

As expected, the Court decided that European legislation on parental leave precludes the calculation of the compensation in lieu of notice based on the reduced work activities.

This European case law must certainly be taken into account for the calculation of the compensation in lieu of notice during parental leave.

However, it is not at all certain if the same reasoning will (have to) be followed in other cases of reduced work (f.i. career interruption or other special forms of reduced work).