Law amending the law on holidays and act on an income register (Substitute holiday for illness during the holidays, the concurrency holiday for job in a private household and persons who are covered by the tax regime, and researcher reporting to the income register, etc.)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
The law on holidays, see. lovbekendtgørelse nr. 762 of 27. June 2011, as amended by section 18 of Act No. 326 of 11. April 2012, shall be amended as follows: 1. In article 1, paragraph 2, be inserted after the word ' service ': ' without prejudice to article. However, paragraphs 3 and 4. '
2. In section 1, the following is inserted as paragraph 3 and 4: ' (3). A person who has a decisive influence on the business to which the person concerned is working in, is not considered an employee.
(4). The Director of the Agency for retention and Recruitment may lay down detailed rules as to when a person has a decisive influence in the company, as the person concerned is working in, if the person concerned or his or her spouse is the holder of the share capital or have other dominant influence in the company. '
3. In accordance with paragraph 2 shall be inserted: ' article 2 (a). A household servants or other worker in a private household, which, on average, work more than 8 hours per week, are only subject to paragraphs 2-7, section 12, paragraphs 2 and 3, and section 13. § 47 shall apply mutatis mutandis for i.e. the employer.
(2). Domestic helps earn 2.08 days of paid vacation for each month's employment. The holidays may be held, at the same time as it is earned (concurrency holiday).
(3). The employer must with a reasonable notice to inform domestic helps, when the holidays are to be maintained. There must, to the extent possible, take into account i.e. the desire.
(4). The vested vacation shall be held within 3 years after the end of the month in which it is earned.
(5). Domestic helps receive wages during vacation. If domestic helps are not working with a fixed weekly wage is calculated on the basis of hours, i.e. the usual salary in the last 4 weeks before the start of the holiday.
(6). At the termination of the employment relationship shall be paid holiday pay owed directly to domestic helps, unless there has been more than 3 years after the end of the month in which they are earned.
(7). At the time of release for the employer shall pay vacation or Holiday account concurrency owed vacation pay directly to domestic helps.
(8). Persons who are subject to the withholding tax regime after § researcher 48 (E) and section 48 F, may agree with the employer that the person concerned alone covered by paragraphs 2-7, section 12, paragraphs 2 and 3, and section 13. § 47 shall apply mutatis mutandis for the employer. The Director of the Agency for retention and Recruitment may allow that other highly skilled foreign labour as URf.eks. foreign doctoral students and other academic staff following an agreement with the employer is covered by the same rules. '
4. In section 13 shall be inserted after paragraph 2 as new pieces: ' (3). An employee who has earned 25 days vacation, and which gets sick during the holidays, have against medical documentation right to substitute holiday for 5 sick days during vacation in the holiday year. An employee who has earned less than 25 days holiday, have the right to substitute holiday for a proportionately fewer number of sick days.
(4). The employee obtains the right to replacement holiday from the day on which the employee shall notify the disease to the employer, unless exceptional circumstances prevail.
(5). Can substitute holiday in accordance with paragraphs 2 and 3 are not kept in the holiday year due to illness, holidays in the following ferieår be kept, see. However, section 38.
(6). The employee pays the medical documentation, see. the provisions of paragraph 3. '
Paragraph 3 becomes paragraph 7.
5. In article 20, paragraph 2, section 13, shall be replaced by ' paragraph 3 ' to: ' section 13, paragraph 7 '.
6. In section 22, the words ' section 13 (2) and (3) ' to: ' section 13 (2) and 7 '.
7. The heading of Chapter 5 shall be deleted and replaced by:
» Notification, deposit and payment of holiday pay § 27 a. Information about holiday allowance under section 23 (5) and (6) and sections 24 and 25 shall be reported to the register, see income. However, §§ 30 and 30 a. ' 8. In section 29 shall be added as paragraph 2: ' (2). Request for payment of holiday pay should be directed to the Vacation account, see. However, §§ 30 and 30 a. ' 9. In section 30, paragraph 2, shall be replaced by ' 500 ' to: ' 750 DKK DKK ' 10. In section 30, paragraph 3, the words ' the 1,000 DKK ' for: ' 1,500 KR. ' 11. The heading before section 31 shall be deleted and replaced by:
» Saving opportunities and powers section 30 (a). In those areas where the conclusion of a collective agreement, in accordance with article 3. section 31, the Director of the Agency for retention and Recruitment lay down rules to the effect that section 27 (a) and section 29, paragraph 2, may be waived if information about holiday pay can be transmitted digitally to the Vacation account. '
12. section 32, paragraph 2 2. paragraph is replaced by the following:
» Of interest return on Holiday account in 2012, 2013, 2014 and 2015 accrue up to 100 million. DKK Treasury. '
13. section 33, paragraph 3 is replaced by the following: ' (3). The Director of the Agency for retention and Recruitment lays down rules on the payment of holiday pay, in connection with that the holidays are kept, see. section 29, including for payment from a holiday card system covered by section 31, and for the payment, if the acquisition and holding of the holiday is done in hours, see. section 10, paragraph 1, and article 20, paragraph 1. '
14. section 34 (a) three places in the words ' 1,500 kr. ': ' $ 2,250. ' 15. In § 40, 1. paragraph shall be added after ' ferieår ': ' without prejudice to article. However, section 13, paragraph 5 '.
16. In article 43, paragraph 1, the words ' the Director of the Pension agency ' to: ' Vacation account and the Director of the Agency for retention and Recruitment '.
17. Under section 43 (c) shall be inserted in Chapter 7: ' § 43 d. Holiday account in the income register can obtain information about holiday pay. In those cases where section 27 (a) and section 29, paragraph 2, of the basic regulation. section 30 (a), is waived, the Director of the Agency for retention and Recruitment lay down rules to the effect that information regarding holiday pay must be reported on an ongoing basis to the Vacation account.
(2). Holiday account for each employee can electronically display information about the holiday pay and process the withdrawal request.
(3). For employers who do not pay holiday pay to the Vacation account, the Director of the Agency for retention and recruitment, establish rules on employers ' payment for Vacation account administration in accordance with paragraphs 1 and 2. '
18. In article 44, paragraph 11, insert as 2. item:
» Director of Agency for retention and Recruitment can also delegate other tasks such as URf.eks. supervision of other holiday funds than labour market Holiday Fund and the administration of the Danish-German holiday agreement to the Vacation account. '
In Act No. 403 of 8. May 2006 on an income directory, as amended, inter alia, by section 4 of Act No. 1534 of 19. December 2007, § 3 of law No. 521 of 12. June 2009 and section 2 of Act No. 702 of 25. June 2010 and no later than by section 6 of the law No. 599 of 14. June 2011, is amended as follows: 1. In article 3, paragraph 1, no. 9, the words ' Information ' to: ' information about the holiday pay, which are subject to the reporting obligations in accordance with § 27 a, and holiday information '.
§ 3 paragraph 1. The law shall enter into force on the 1. may 2012, see. However, paragraph 2.
(2). Employment Minister shall determine the time of the entry into force of § 1, nr. 7 and 8, and section 2.
§ 4 paragraph 1. Notwithstanding section 14, paragraph 2, no. 4 of the law on municipal compensation and General grants to municipalities included the additional costs for the municipalities as municipal employers arising from § 1, nr. 4, not in the setting of annual State subsidies to municipalities.
(2). Notwithstanding section 3, paragraph 2, no. 4 of the law on the financing of the regions included additional costs for the regions as the regional employers arising from § 1, nr. 4, not in the setting of the State's annual grants to the regions.
Given at Fredensborg Palace, the 28. April 2012 Under Our Royal hand and Seal MARGRETHE r./Faam