The Supreme Court has clarified that the principle of law expressed in the past by the same Supreme Court that " the executive, who had the power to claim the holiday period without any interference by the employer, not exercises the same power and therefore does not take advantage of the annual period of rest, is not entitled to the allowance in lieu of leave not taken, unless he proves the recurrence of business needs the most exceptional and objective impediments to the enjoyment that "(Supreme Court Civil section work, June 7, 2005 No. 11786 and Civil Cassation, section work, August 27, 1996 No 7883) does not imply the existence of a presumption of a fully autonomous decision-making for all the leaders of the "if and when" take the leave, having to check each case the existence of such autonomy (Civil Cassation, section work, June 13, 2009 No 13,953) .
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