Holiday

Holiday and termination

During a notice period, you generally have the same opportunity to take a holiday as under the terms of employment.

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Holiday notice in the event of termination

If you have not already agreed on a holiday with your employer, he or she can give notice of a holiday with 3 months' notice for the main holiday and 1 month for other holidays if you are terminated.

The employer may give notice of a holiday which has not been earned at the time of the notice, but must be ready for the time of the meeting. The holiday that the employer notifies of being held must be taken in full days.

Example:

If you have earned 8.32 holiday days before January - December as the last month of the notice period, the employer can give notice of the 8 days to be held and must thus pay holiday pay for the remaining 0.32 holiday days and 2.08 holiday days earned in January.

Scheduled vacation

If you had scheduled your holiday before the termination, and it turns out that it is in the notice period, this holiday must be taken as planned.

You are not obliged to take the main holiday if there are less than 3 months and 15 working days until the notice period expires.

If your notice of termination is 4 months or more, the employer will be able to give notice that you must take your main holiday after the end of the 3rd month of the notice period. However, you are entitled to be able to take 4 weeks holiday before 1 September, when the new holiday year begins. Therefore, your employer can not decide that you should hold your entire main holiday in September.

Released

If you are released from duty, you should be aware that a release is equated to a notice from the employer that as much holiday as possible is considered to have been taken during the leave period. If you are thus terminated with 6 months' notice and you are released after 2 months, then all your remaining holiday for the holiday year is considered to have been taken during the leave period, as both the main holiday and other holidays can be included in the 4 months. You must still have the opportunity to complete 4 weeks of holiday before 1 September, when the new holiday year begins.

If you get a new job during the release period, your holiday cannot be considered taken if you have not had a work-free period corresponding to the length of the holiday after the expiry of the periods that apply to notice of main holiday and other holiday. It is relevant if you have more than 3 months' notice, take up a new job during the notice period and your employer has the right to set off against the salary from your new job.

For the first 3 months of the release period, your employer can generally not set off against your salary, even if you have a new job. During the period - during which other holidays can be taken - this holiday is considered to have been taken as you do not have a non-working period.

Suspended

If you are suspended, you must not attend work daily, but you must still be available to perform any work tasks during the notice period. You therefore only take holiday if your employer notifies you of a specific time for the holiday.