Holidays and special holidays
NJORD Law Firm can assist you with the preparations, so that you will be ready for the coming into force of the new rules. We can assist you with the drafting of addendums to employment contracts, if required, and new agreements on special holidays. Naturally, we also offer advice on the existing Holiday Act. In addition, we can draft holiday report forms that may be used for planning the holiday year.
The new Danish Holiday Act introduces concurrent holiday. It means that the employees accrue and take holidays within the same year. As a result, there will be a period where the employees accrue double holidays.
The Act contains a transitional period to prevent companies from suffering great losses. The transitional period implies that the holidays accrued by the employees in the period from 1 September 2019 to 31 August 2020 will be “frozen”.
As an employer, you can decide whether you want to transfer the money to the Employees’ Fund for Residual Holiday Funds, or whether you want to deposit the money on your company’s account. It may be difficult to understand what is the best solution for your company, and NJORD’s lawyers can assist you in determining what is in your company’s interest.
Furthermore, the amendments to the Holiday Act may imply that you are required to amend the employment contracts and the personnel policies. NJORD Law Firm can assist you with the drafting of addendums to the employment contracts and new personnel policies that are tailored to suit your company.
Special holidays are not regulated by the Holiday Act, nor will they be regulated by the new Holiday Act. However, many companies have made agreements regarding special holidays. Some collective agreements cover special holidays; alternatively, special holidays can be agreed upon in individual agreements or personnel policies.
If your company is not covered by a collective agreement but has made independent agreements on special holidays, these agreements must regulate the exact terms that apply to the special holidays in your company. How and when do you qualify for special holidays? And what happens when an employee leaves the company?
If the agreements are not sufficiently clear, they may result in claims for compensation pursuant to the provisions of the Danish Act on the Employer’s Obligation to Inform the Employees of the Conditions Applicable to the Employment. NJORD Law Firm can assist you with the drafting of policies on special holidays in order to avoid possible disputes.
Before the new Holiday Act comes into force, it would be a good idea to update any existing agreements on special holidays, since these are often based on the Holiday Act. For example, when the qualification for special holidays follows the qualifying year and the holiday year.
- Advice on the existing and the new Holiday Act
- Advice on the transitional period
- Drafting of addendums to employment contracts
- Drafting of holiday request forms
- Drafting of policies on special holidays
- Amendments to existing agreements on special holidays
NJORD Law Firm's practice, which is headed up by Miriam Michaelsen, specialises in the employment aspects of M&A transactions, the implementation of incentive schemes, restructurings and outsourcing issues, most notably for Nordic and German clients. Another key practitioner is Anders Worsøe, who is frequently instructed on collective bargaining issues.
NJORD Estonia: The team handles a wide range of contentious and non-contentious matters, including employment terminations and regulatory compliance, including data protection. Also offers day-to-day employment advice. Notable for advising both employers and employees from the public and private sectors.
“NJORD Law Firm advises its employer client list on the implementation of incentive schemes, litigation arising from the misuse of business secrets and the drafting and negotiation of management contracts and associated bonus schemes. The department also has expertise in data protection regulations and assists with negotiations with unions relating to corporate reorganisations. Practice head Miriam Michaelsen is also an expert in discrimination claims.”
“The ‘proactive, friendly and exceptionally professional’ group at NJORD Law Firm focuses on employment litigation, agreements, incentive schemes and data protection matters. Miriam Michaelsen leads the practice and is an expert in handling contracts, disputes and negotiations with unions; and Lars Lokdam specialises in transactional issues.”