Case no. A 19/08, ref. no. 15/09: In its decision the Labour Court held that although the employee had been treated unfairly and that there was causation between the unfair treatment and the parental leave, the treatment was a necessary consequence of the leave. The Labour Court held that it is a natural approach to regard the premium contributions as a form of salary, and because of this the Labour Court reached the conclusion that since it is a necessary consequence that an employee who is on full parental leave does not receive any salary, the employee shall not receive benefits in the form of premium pension contributions. Another approach would benefit the employee on parental leave in an unreasonable way compared to other employees on leave and therefore they would not receive salary or premium pension contributions. In addition, the Labour Court held that the payment of the premium pension contributions are built on the construction that the payable amounts are set with reference to the salary that has been paid. If no salary is paid out, there is no base for calculating the premiums. Therefore, the Labour Court found that the fact that the employer had not paid premium pension contributions for the time when the employee was on parental leave did not constitute a violation of Section 16 of the Parental Leave Act (1995:584).
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