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Labour and Employment, Europe

Death of an Employee and Unused Annual Leave: What Is the Position of Case Law?

A judgment of the Court of Appeal in Kragujevac clarifies whether heirs can claim monetary compensation for unused annual leave following an employee’s death. The Court ruled that when employment terminates due to the employee’s death, no right to such compensation arises and therefore cannot be inherited. However, monetary claims acquired during the employee’s lifetime may still be recoverable by heirs. The decision highlights the importance of distinguishing between existing employment-related claims and rights that had not arisen before death.

Author:

Ljiljana Marković Associate at PR Legal 
ljiljana.markovic@prlegal.rs