The right to holiday benefits in the form of holiday leave, holiday pay and holiday pay is regulated in the Swedish Holidays Act (1977: 480).
The employee's rights under the Holidays Act may not be waived or restricted. However, some deviations may be made if there are applicable collective agreements. The employee should verify whether there are deviating rules in collective agreements. The employee and the employer may to some extent agree on something other than what is stated by law.
Holidays
An employee who is employed by an employer is entitled to 25 vacation days each vacation year, regardless of the type of employment the employee has. The employee and the employer can agree on more holiday days in addition to what is regulated in the Holiday Act or collective agreements.
Holiday pay
During the holiday leave, holiday pay must be paid by the employer. However, the right to compensation depends on how long the employee has worked. If the employee has been employed for an entire earning year, he or she is entitled to 25 paid vacation days during the vacation year.
Unpaid holiday
If the employee is a recently employed and has not had time to work long enough during the earning year, this may mean that the employee has not earned the right to paid leave. Regardless of whether the holiday is paid or not, the employee is always entitled to leave - ie unpaid holiday.
The employers' obligations
The employer is responsible for paying holiday pay and giving the employee leave in accordance with what is stated in the Holidays Act. If the employer violates the Holidays Act, damages may be paid to the affected employee. The employer must not only compensate for holiday pay or compensation to which the employee was entitled, but also for damage that he or she has suffered.
It can be difficult to calculate the right to holiday pay if you do not know the rules. If you are unsure of how many vacation days you are entitled to and how much vacation pay your employer should pay you, you can contact us for an initial consultation.
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