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The Danish Holiday Act amended

August 2011 - Employment. Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

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The Danish Holiday Act has been amended with effect from 1 May 2011.

The amendment generally means that employers can only require departing employees who have been released from the duty to work to take untaken holiday during the notice period if the employee is actually not working or if the employer has waived the right to deduct the employee's income from a new job during the notice period. The employee will be considered to be working if he/she has begun a new job during the notice period and is thereby prevented from taking the holiday.
The Danish Executive Order on Holiday has also been amended. The Executive Order regulates the rules about accrual of holiday entitlement and taking of holiday. The most important feature for employers is that it is now specified that departing employees who are entitled to paid holiday are also entitled to receive their holiday pay directly from the employer if they take their holiday immediately after the effective date of termination.
The above does not constitute legal advice and should not be relied upon as such

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