Transfer of holiday
However, there are some exceptions to this principle. In accordance with specific rules, it is possible to transfer holiday days to the following year. However, this must be agreed between the parties and the agreement must be in writing. Neither the employer nor the employee can unilaterally determine the transfer of holiday. The reason for the requirement for the agreement to be in writing is precisely that the transfer of holiday violates the basic starting point outlined above. In addition, writing is an appropriate way to create an overview of the circumstances between the parties.
It is only possible to agree to transfer up to 12 working days to the following holiday year. The transfer of more working days will mean that the employee receives significantly less holiday than is considered appropriate. The rule is intended to ensure that employees do not go long periods without holiday, regardless of whether the employee has apparently wanted this or not.
However, in cases where an employee has not actually taken the statutory holiday at the end of the year, all unused holiday days shall automatically be transferred to the following year. An employee should therefore never lose their holiday days, regardless of whether the failure to take holiday is due to a breach of the rules of the Holiday Act, illness or parental leave. It is also not permitted to pay out remaining holiday days so that the holiday days are lost. The holiday days to which an employee is entitled are automatically transferred to the following year.
However, these restrictions only apply to the statutory right to holiday, i.e. the 25 working days described above. It is not uncommon for 5 weeks’ holiday to be agreed in many workplaces. The holiday days in excess of the required 25 working days in accordance with the Holiday Act can be used more flexibly by the parties. These extra days can be carried over to the next year in addition to the 12 days allowed by the Holiday Act. Alternatively, the employer can decide to pay wages instead of cancelling these holidays. Both options require that the employee and employer agree on this. However, if the workplace is bound by a collective agreement, or something else is stated in the individual employment agreements, there may be restrictions on the right to resolve unused holiday days in this way.