Holidays and holiday pay
All employees are entitled to holidays. See what you are entitled to here.
How many holidays are you entitled to?
Everyone is entitled to 4 weeks and one day of vacation per year. With a collective agreement in the enterprise, you are entitled to an additional four days, granting you five weeks of vacation.
You are entitled to take three consecutive weeks off in the period from 1 June to 30 September. You are also entitled to know when your holiday will be scheduled, two months prior to when it begins.
The employee has a right and a duty to take vacation days, also when changing jobs.
The employer is obligated to ensure that the employee uses vacation days during the holiday year.
Up to 12 holiday days, that have not been used during the calendar year, shall be transferred to the next year (17 days if you have a collective agreement). This can only be done in agreement with your employer. Your employer can demand that all holidays are taken within the holiday year.
In case of illness
If you have been unable to use vacation days due to illness, all remaining holidays shall be transferred to the next year.
If you fall ill during your holiday, you are entitled to new vacation days starting from the first day you are ill. The claim for new vacation days must be submitted as soon as you are back at work and must be documented with a doctor’s certificate.
You do not receive wages while on holiday. Instead, you receive holiday pay to compensate for the loss of wages. Holiday pay is accrued during the year prior to when your holiday is used. The employer sets aside this pay.
If you have four weeks of vacation, the holiday pay is 10.2 percent of the earnings basis for holiday pay (“Feriepengegrunnlag”). You can find the earnings basis for holiday pay in the annual statement from your employer.
If you have a collective agreement and five weeks of vacation, the holiday pay is 12 percent of the earnings basis for holiday pay.
Holiday pay is taxed like normal wages. Typically, however, the deduction of the taxes on holiday pay are distributed across the other months of the year, so that taxes are not deducted from the payment of holiday pay.
What do I do if my employer does not pay me holiday pay?
Holiday pay must be paid on the last normal wage payment date before the holiday. You may also demand that the holiday pay be paid at the latest 1 day before the holiday starts. Enterprises often have an agreement for pay to be paid out in conjunction with the wages for June.
But what if the holiday pay is missing? Then you must contact the enterprise. Feel free to get in touch with your union representative first.
The holiday pay is part of your wages, and a failure to disburse your holiday pay is the same as failing to pay your wages. If the enterprise has spent the holiday pay you have accrued, and that is set aside in the enterprise's accounts, then this is considered theft.
If the enterprise does not have money to cover your holiday pay, you can start legal proceedings against the company. If the company does not have the money to pay your holiday pay, it can be declared bankrupt. The holiday pay can then be covered by the national Wage Guarantee Scheme.
Holidays with regard to the coronavirus situation
No provisions involving holidays have been changed based on the coronavirus situation. The rules stipulating holidays are the same as before.
Among other things, this means that the employee is entitled to be informed concerning when the holiday is set as soon as possible, and no later than 2 months before the holiday begins.
Based on the coronavirus situation, there may still be a reason for the agreed holiday arrangement to change. This applies if it is of significant importance to the operation of the enterprise that you are present. This may be due to many people at your enterprise falling ill, making it necessary to bring in additional personnel.
If holidays are moved as such, the employer shall cover the added costs of making changes to the holiday.
For further questions, please contact your local Fellesforbundet department.