Feriepenger – the most important rules and laws
We most often encounter holidays and holidays during the holiday season, which is usually in the summer. During this time, either the employer announces a work break or we request time for rest. But do you really know when you can do this? How much leave can you get? How much money are you entitled to and is it taxed? Read to find out.
How much leave are you entitled to?
As standard in Norway, you are entitled to 25 working days of holiday. Working days are counted from Monday to Saturday, but Sundays and holidays are not included. This means you are usually entitled to four weeks and one day of holiday each calendar year. If you are over 60 years of age, you are entitled to an additional week of leave, i.e. 31 days in total.
Even if you would not work on a given working day according to your work schedule, it is deducted from your leave. For example: if we take two weeks of vacation in July, we have 12 vacation days in our account.
Additional rule: remember that you have the right to resign from your leave on the date chosen by the employer if your holiday is equal to less than your standard salary. In this situation, vacation days should be transferred to the next year or canceled.
The employment situation is different throughout the year.
Here, people employed after September 30 are entitled to a maximum of 6 days of leave this year, while people employed before September 30 are already entitled to full leave. Additionally, if you are employed during the year, you reduce the leave taken by your previous employer or while you were unemployed, if you used it.
When can I go on holiday?
The period during which you will be on leave should be agreed upon with your employer. However, if you cannot reach an agreement, the employer has the final say and can determine the leave according to statutory rules.
Apart from exceptional situations, you can request that your employer inform you about the date of your leave at least two months before it starts. This means that if the employer sets a holiday for the beginning of June at the beginning of May, we have the right to refuse it and demand that the minimum leave be set at the beginning of July.
As an employee, you have the right to request 18 working days of leave from June to the end of September. This does not apply to employees who were hired after August 15. We may also demand that the remaining 7 working days of leave be designated in one sequence. Also, if we want to have 18 working days of holiday leave - we can request it, and the employer cannot refuse, apart from minor statutory exceptions.
We also have the right to agree with the employer to transfer up to 12 days of leave to the next year or take up to 12 days of leave from the following year. Such arrangements should be made in writing.
Can the boss interrupt or change our leave?
When we have a set vacation that we are going to take or are already on, a situation may arise in which the employer will need our presence at work. Then the boss may change or interrupt our leave during it in exceptional situations unforeseen before.
In such a case, the employee may demand compensation. Before changing or interrupting the holiday, we should present the costs associated with the changes or interruption. In case of interruption, these will certainly include the costs of the return ticket, lost vacation days and paid attractions. In case of changes, e.g. trip cancellation costs.
If you fell ill before your leave, you have the right to request that your leave be postponed to a later date in a given year. Arrangement of postponed leave takes place on the same terms as before. The situation is similar if you get sick while on vacation. You then have the right to transfer the part of your leave during which you were sick to a later date and use sykepenger on standard terms. You must remember to provide your employer with a sick leave immediately after your leave to use this option.
How much money am I entitled to for holidays?
Typically, the employer should ADD at least 10,2% to your salary, and after the age of 60, 12,5%. This money should be paid when you decide to take your holiday and should be proportional to its length. Also, for example: you earned CZK 300.000 gross in the previous year, the employer set aside CZK 30.600 for your leave. If you decide to take 10 days of leave, the employer should pay 40% of the earned holiday leave, i.e. CZK 12.240. If you do not use your leave in a given year, your holiday will be carried over to the next year.
There is also another method of paying holiday leave - the part exceeding the standard salary can be paid together with the salary for June. For example: let's assume that our earnings this year are CZK 300.000, which gives CZK 25.000 gross per month. We took leave for the entire month of September and the employer uses the mentioned method. Then we will receive a standard CZK 25.000 gross for September, while the remaining CZK 5.600 of accumulated holiday money will be received together with the salary for June.
Is holiday break taxable?
Yes, feriepenger is taxed. However, normally, if the holiday is paid for the previous year, no advance tax is charged.
This means that when we receive the holiday break, we will receive it in the gross amount as it was calculated, but we will have to settle it in the annual settlement. For this reason, we also make larger advance payments in standard working months, so as not to pay them during the holidays. The exception is kildeskatt 25%. Being on kildeskatt we will get 25% less feriepenger, regardless of when and for what year it is paid.
What if I'm fired?
The leave should always be taken in a given year, so even if you changed your employer, for example in July, the new employer is obliged to grant you leave as if you had not changed the employer. Your employer may deduct the vacation days you took with your previous employer or when you were on vacation while you were unemployed.
Feriepenger, however, should be paid in full, including the tax advance. Holiday money must be paid with your last paycheck and cannot be saved for the duration of the holiday. Termination of employment must involve full settlement with the former employer. If you are not paid, you must report it to the Ministry of Labor and submit an official claim to your former employer. If you change your employer, your new employer will not pay your holiday allowance in a given year, even if you are entitled to holiday days. For this purpose, you should use the money that your former employer paid you along with your last salary.
What if the employer does not provide leave?
The Holiday Act obliges the employer to follow the holiday rules. If your employer refuses to grant you leave or otherwise breaks the law, you can apply for compensation. It includes economic losses and non-monetary losses. Lack of leave means worse well-being, which is subject to statutory compensation.
The employer is obliged to provide leave in accordance with the law. If he cannot reach an agreement with you, he should arrange the leave himself anyway. If he fails to do so, he will be liable. In such a situation, you are entitled to compensation, even if you did not ask for leave yourself.
Other arrangements
Employers may have arrangements other than those established by law. Often, trade unions, in consultation with the employer, establish better conditions than those established in the regulations. The rights we describe are minimum requirements. You can't have worse conditions when working full-time.
Summary
- Every year we are entitled to 25 working days of leave. Working days are counted from Monday to Saturday.
- The employer adds a minimum of 10,2% of the holiday leave to your salary (12,5% after the age of 60), which should be paid at the time of leave, in proportion to its duration.
- The employee and the employer agree on the leave, but the employer has the final say.
- If you fall ill during your vacation, submit a sick leave and request that your vacation be postponed.
- Feriepenger is ALWAYS taxed, but is often not subject to advance payment of income tax.
- Upon dismissal, the employer must pay back the accrued holiday leave minus the tax advance.
- If your employer does not comply with the regulations, you are entitled to compensation and it is easy to obtain it through a lawyer.