Are you on top of this year's summer holiday planning?

Summer vacation is approaching, and to ensure a smooth and lawful holiday period, both planning and familiarity with the Holidays Act are required. Here are some key points employers should keep in mind.

Who is entitled to holiday?

The Holiday Act applies to employees. Self-employed contractors and freelancers are not considered employees and are therefore not entitled to holiday under the Holiday Act.

How much holiday are employees entitled to?

All employees are entitled and obliged to ‘25 working days’ of holiday per year. In reality, this means four weeks and one day, since the Holiday Act's concept of working days includes Saturdays. However, many employers still practice five weeks' holiday. This extended holiday entitlement is also included in several collective agreements.

In order to be entitled to ‘25 working days' holiday, the employee must be employed no later than 30 September in the holiday year. If the employee is employed at a later date, they are only entitled to six working days' holiday. In both cases, it is a prerequisite that the employee has not already taken full holiday with the previous employer.

Employees who turn 60 during the holiday year are entitled to six extra working days of holiday.

Planning and deciding holidays

The employer is obliged to discuss holiday plans with the employees in good time before the holiday starts. As a general rule, employees must be notified no later than two months before the start of the planned holiday, unless there are special reasons that justify shorter notice. This could, for example, be unforeseen operating conditions.

When should holidays be taken

The employer is obliged to ensure that employees take their holidays every year, and as a general rule the employee is obliged to take their holidays. Employees can require that their main holiday - 18 working days - is taken between 1 June and 30 September. However, this does not apply to employees who start after 15 August in the holiday year.

If the employer and employee (and possibly the employee representatives) do not agree on the time of the holiday, it is the employer who can ultimately decide this. However, the employer's decision must be in line with the rules of the Holiday Act.

As a general rule, employees can refuse to take holiday if they have not earned sufficient holiday pay in the previous year to cover the loss of pay from taking holiday. However, this does not apply if the business is fully or partially closed during the holiday. In such cases, the employer can order the employees to take their holiday.

Employees over the age of 60 decide for themselves when they want to take the extra holiday time, and whether it should be taken in total or as individual days. Please note that exceptions to this may result from a collective agreement or the individual employment contract. The Holiday Act stipulates that the employee must notify the employer at least two weeks before the extra holiday is taken.

Can the employer change the time of the holiday?

Already scheduled holidays can only be changed if it is necessary due to unforeseen events that will create significant operational problems, and it is not possible to find a replacement. In this case, the employer must cover any additional expenses for the employee and immediate family, such as travel and accommodation.

If you have these rules under control, everything is in place for a worry-free summer - and maybe some ice cream in the sun. Have a great holiday!