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Law On Vacation [Holidays Act]

Original Language Title: Lov om ferie [ferieloven]

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Law on Vacation [ Holiday Law ].

Date LAW-1988--04-29-21
Ministry of Work and Social Affairs
Last modified LO-2012-06-22-43 from 01.01.2015, LO-2014-06-20-25 from 01.07.2014
Published ISBN 82-504-1497-7
Istrontrecation 1.01.1990, 01.01.1989, 01.05.1988.
Changing
Announcement
Card title Vacation law ferel.

Capital overview :

Jf. law 16 June 1972 No. 1 43. -Jof. former laws 19 June 1936 # 8 Section 23, 14 nov 1947 # 3.

Kap I. Almemorial regulations.

SECTION 1. Law's purpose

This law shall ensure that workers annually receive vacation leisure and vacation money.

SECTION 2. Who the law includes
(1) (Working holder)

Anyone who performs work in someone else's service (work holder) has the right to vacation after this law.

(2) (Workers on ships)

For Workers on ships or groups of these, the King determines the regulation of further rules that are necessary because of the conditions in the sea speed. The regulation can leave the rules of the law here, still not Section 5 no 1, 2, 3 and 4 first clause about the holiday season's length and Section 10 # 2 and 3 about the percentage rates for vacation money.

(3) (Svalbard)

The king can at regulation decide that the law or parts of it shall receive the Applicability of Svalbard. The regulation can the absence of the rules of the law here.

(4) (Equal arrangements)

The Ministry may decide that the law or some of its provisions should not apply to groups of workers as by regulatory, tariffagreement or otherwise secured a holiday arrangement that after a health assessment is at least as beneficial as The arrangement of this law.

(5) (Fishermen)

Vacation of fishermen is regulated by law 16 June 1972 No. 1 43.

(6) (Released Workers)

The Ministry provides regulation on the law of law enforcement for deployed Workers, jf. work environment law Section 1-7.

0 Changed by laws 17 June 2005 # 62 (ikr. 1 jan 2006 ifg. res. 17 June 2005 # 609), 5 des 2008 No. 82 (ikr. 1 jan 2009 ifg res. 5 des 2008 No. 1 1284).
SECTION 3. Law's imirability

The law here cannot be waived to damage for the working holder unless it is specifically determined in the law that a provision can be waived by appointment. Agreement that the absence of the law to the damage of working holder must be made in writing in order to invoke by employer.

The employer that is bound by tariffTerm provision that the absence of law can be able to be able to face all of the workers carrying out the work of the art agreement includes, provided a majority of them are bound by the agreement.

SECTION 4. The earnings year and holiday year

The Ferieyear follows the calendar year. The earnings year for vacation money is the prerequisite calendar year.

Kap II. Vacation free time.

SECTION 5. Vacation Free Time Length
(1) (The general holiday leisure time)

Working adviser duties to ensure that working holder is given holiday leisure on 25 reality days every vacation year. Working holder duties to deviate vacation free time every year, jf. yet this paragraph number 5, Section 7 # 3 first clause and Section 9 # 1 and 2. As the reality days are counted all days that are not Sundays or legislelecting health or holiday holidays. Viredager during the holidays that after the working time arrangement would still be holidays for the person's work holder, count as holiday leisure and goes to the deductions in the day's after the first period, as well as No. 2 and 3.

(2) (Extra vacation for Workers over 60 years)

Working holder that turns 60 years during the holiday year, is due to be given extra vacation on 6 business days. Dele's extra vacation, the workholder can only demand to get free as many business days as the person normally has within a week.

(3) (Feriens length of employment in the holiday year)

Working holder that is attributed to the latest September 30 in the holiday year, has a right to full vacation leisure, jfr nonetheless Section 7 # 1. Working holder that is tilting at this time, has the right to vacation leisure on 6 business days.

Working holder may only require holiday leisure time after the previous clause in the extent that the full holiday is not already discontinued with other employer earlier in the holiday year.

(4) (Additional free time on Sunday and shift work, irregular work hours mv)

Workers working on Sundays may demand to get work-free either on Sunday that fall immediately before the holidays, or on Sunday immediately after. This is still applicable only by the deviation of the holiday period that includes at least 6 business days.

Working holder may require that time from the work closure before the holidays to the Easter start until the holidays will comprise at least 16 hours as well as the holiday leisure time after the above regulations. This is still applicable only by the deviation of the holiday period that includes at least 18 business days.

(5) (Working holder without full earnings)

Working holder may require holiday leisure time after the regulations above independent of the earnings of vacation money. Working holder can oppose the deviation of holiday leisure and any additional free time in the extent that the holiday money does not cover the salary during the holiday absence. If a business is running fully or partially in connection with the holiday deviation, yet all of the workers are able to be enriched by the duration of the duration of the arrest and any additional free time of the same length.

(6) (Fratribility)

The provisions of the No. 4 other clause can be deikes at tariffagreement.

0 Modified by law 5 des 2008 number 82 (ikr. 1 jan 2009 ifg res. 5 des 2008 No. 1 1284).
SECTION 6. Vacation determining, change and replacement
(1) (Who decides the time of vacation)

The employer is supposed to be in good time before the holidays discuss determining holiday leisure and setting up holiday lists with the individual working holder or their peer-to-person. Reachable not unity, determines the employer's time for the holidays within the limits that follow by Section 7-9.

Working holder over 60 years determines even the time for the deviation of the extra break, unless otherwise agreed. The holiday season can be taken together or with one or more days at a time.

(2) (Underdirection)

Working holder may require the underdirection of the vacation firmware at the earliest possible and the latest 2 months before the holidays take to, if not for honest reasons are to obstacle to this.

Working holder over 60 years should give employer at least 2 weeks notice prior to the deviation of extra vacation.

(3) (Change of determined holiday leisure, replacement mv)

The time for the holiday period that the employment holder has received underdirection can be changed by employer if necessary because of unforeseen hendings. Such change can only be made when the deviation of the fixed holiday due to unforeseen executions will create essential operating problems, and it cannot be obtained by proxy.

The employer is due to advance the question of change with employment holder. Working holder has the right to allow the aid of a peer-to-peer elected during the dream of the dream. During the dream duties work holder to provide information on merexpenses that will be required replaced.

Working holder may require replacement for documented merures as follows by an uptake of the holidays. Merexpenses that work holder has not provided information on during the dream can only be replaced in the extent they appear as nearby following the rescheduling.

The provisions above do not apply in cases where the time of the holidays changes after Section 8 and 9.

(4) (Fratribility)

The rules of this paragraph can be waived by tariffagreement or other agreement.

SECTION 7. Time for vacation
(1) (The main holidays)

Working holder may require the main holiday that includes 18 business days given in the main holiday period 1 June-30 September. This still does not apply to the working holder that is tilting after 15 August of the holiday year. Vacation set to time 1 June-30 September, and which are subjected to the co-hold of Section 9, cannot be discontinued at a later time in this period. Workers who have discontinued permission time with parental money after the Medicaid Act Section 14-1 to 14-15, throughout the main holiday period, can oppose the deviation of the main holiday by the holiday season's expiry year.

(2) (Rebreak)

Working holder may require that the rebreak (7 business days) are given overall within the holiday year.

(3) (Preshot vacation and transfer of vacation days)

It can be made in written agreement on the deviation of advance vacation on until 12 reality days and transfer of up to 12 reality days vacation to the subsequent holiday year. Advance vacation and transfer of vacation out over this cannot be agreements.

Vacation as in violation of law regulations or due to conditions as mentioned in Section 9 # 1 and 2, not discontinued at the holiday year's expiry, shall be transferred to the subsequent holiday year. If missing holiday deviation is due to employer, employment holder can be made in addition to transfer demand replacement after Section 14.

(4) (Fratribility)

The rules of this paragraph about the time of vacation within the holiday year can be waived by tariffagreement or other deal.

0 Changed by law 22 jan 1993 # 25, 28 Feb 1997 # 19 (ikr. 1 May 1997), 5 des 2008 No. 82 (ikr. 1 jan 2009 ifg res. 5 des 2008 No. 1 1284), 20 June 2014 # 25 (ikr. 1 July 2014).
SECTION 8. Vacation deviation in termination time
(1) (Termination from employer)

The employer cannot without the work-holder consent to leave time where the termination deadline is running after termination from employer, unless the termination deadline is 3 months or longer. Working holder can oppose that already stipulate vacation dismay be in such a time period before the fratreden

(2) (Termination from work holder)

On the terms that follow by Section 6 and 7 can vacation be determined and dismay be in time after the termination of labor.

(3) (Change of time for determined vacation)

The time of the set holiday cannot without the work-holder consent changes due to termination, unless the terms of Section 6 number 3 are met.

(4) (Right to require vacation added notice time)

Working holder may require vacation dismay before the notice of termination, if after this time is not time to diverge vacation within the main holiday period or vacation year, jf Section 7 number 1 and 2. Workers who themselves say up their position after 15 August may still not require vacation to be added time before 30 September.

(5) (Fratribility)

The rules of this paragraph cannot by appointment absence to damage for the working holder before termination has taken place.

SECTION 9. Vacation deviation under disease, leave, work combat mv
(1) (Feriedeviation under disease absence mv)

Working stakes that become completely work surest before the holidays may require the holidays to be postponed until later in the holiday year. The requirement must be documented with the medical statement and is released recently the last day of work that the worker had to be had before the holidays.

Working stakes that have been completely working surest during the holidays may require that an equivalent number of business holidays are exposed and given as a new vacation later in the holiday year. The requirement must be documented with medical declaration and indutable without due stay after work has resumed.

(2) (Feriedeviation under parental leave mv.)

The employer cannot without the work-holder consent to leave vacation to permission time where the rate of parental money after the Medicaid Act Section 14-1 to 14-15. The same applies during leave as fathers and other caregivers have in association with birth in co-support of the Working Environment Act Section 12-3 first clause.

Working holder may demand to diverge the legislates during permission time where the rate of parental money after the Medicaid Act Section 14-9 and 14-16.

Falling permission time as mentioned in the first clause together with already set holiday, work holder can require the deferral of the reality days vacation that has been reauthored by permission time.

On the terms that follow by Section 6 and 7, employer can leave vacation until the time when working holder has extended parental leave after work-support law Section 12-5.

(3) (Feriedeviation under military service and other duty of duty)

The employer cannot without the work-holder's consent to leave holidays to time where labour holder performs pliable service in the National Guard, Civil Defense, or in connection with repetition exercise in the defense.

Falling duty service as mentioned in the first clause together with already set vacation, working holder can require delay of the effective holidays where duty of duty has been carried out.

On the terms that follow by Section 6 and 7, employer can put vacation leisure time for one year to time where work holder performs first-time service in the defense in accordance with law 17. July 1953 # 29 about conscription.

(4) (Feriedeviation during work combat)

Under legal labour (strike or lockout), vacation can be determined and required to be discontinued in accordance with the rules in Section 6 and 7. The employer cannot change the time for a set holiday due to legal work combat. Unpretends employer to outpay holiday money in accordance with Section 11 # 4, can be determined vacation is not considered to be discontinued during the absence.

(5) (Fratribility)

The rules of the 1, 2 and 3 cannot to damage for working holder absence at tariffdeal or other preappointment. The rules of the 4 can the absence of tariff deal.

0 Changed by law 22 jan 1993 # 25, 11 June 1993 # 71 (ikr. 1 July 1994), 17 jan 1997 No 12, 28 Feb 1997 # 19 (ikr. 1 May 1997), 17 June 2005 # 62 (ikr. 1 jan 2006 ifg. res. 17 June 2005 # 609), 5 des 2008 No. 82 (ikr. 1 jan 2009 ifg res. 5 des 2008 No. 1 1284), 20 June 2014 # 25 (ikr. 1 July 2014).

Kap III. Vacation money.

SECTION 10. Calculation of Vacation Money
(1) (Feriemonetary basis)

Feriemoney from employer is calculated on the basis of work welding layers that are paid off in the earnings year. As the work of employment, do not count payments regarding coverage of expenses of car-hold, broom, board o l.

The following benefits do not part in the holiday monetary basis :

a) vacation money after the law here that has been paid off in the earnings year,
b) share of net exchange,
c) fixed allowance as the uptake and payable regardless of absence on vacation or
d) the value of goods, services or other benefits that are not monetary benefits. The value of whole or partial broom received as part of the work welder team is still to be included in the holiday monetary basis.

The Feriemoney foundation shall be of the composition of the working holder of the league law, Section 6-17 number 3.

(2) (The normal percentage rate)

Working holder is entitled to vacation money from employer with 10.2 percent of the holiday monetary basis (jf # 1).

(3) (Elevated percentage rate for Workers over 60 years)

For work holder over 60 years of right to extra vacation after Section 5 2 elevated the percentage rate by 2.3 percentage points.

Vacation money after the first clause is not for the part of the vacation monetary basis that exceeds 6 times the Medicaid basis. At the calculation, it should be counted on the basis of the basis of 31. December of the earnings year. Flooding workholder in the earnings year, it shall be counted on the basis of the basis that was on the freatreddit point.

(4) (Upcoming of vacation money under disease, parental leave mv.)

As a work-welder team after number 1 also count medical money paid by employer in employer periods. Corresponding applies to custody money for up to 10 days that are paid by employer at children's or child passers, jf. The Medicaid Act Chapter 9.

The Trygve pays vacation money off :

a) Medicaid paid out of the census for up to 48 days each uptake year, jf. Medicaid Act Section 8-33 In addition, Social Security is paying off Medicaid as an employer gets reimbursed from Social Security for workers who are exempt from the rules of the employer period after the Medicaid Act Section 8-20 or by caregivals at children's or child passer's disease out over 10 days after the Medicaid Act Section 9-8, jf. SECTION 9. The Trygve also pays vacation money for up to 12 weeks (60 hospital days) of training meadows and nursing money at children's disease after the Medicaid Act Section 9-17
b) pregnancy money for workers for up to 64 days of the long-term jf. The Medicaid Act Section 14-4.
c) parental money for workers for up to 12 weeks of full rate or for up to 15 weeks of 80 percent of full rate jf. The census law Section 14-8.
(5) (Achivaging of vacation money under military and civil duty duty)

Working holder who has worked at least 3 months at an employer, uptake vacation money at this under the ulpay absence because of :

a) pliable military service in accordance with law 17. July 1953 # 29 about conscription,
b) pliable service in the Civil Defense or the National Guard

for up to 3 months to together each earnings year.

The Feriemoney is being counted on the basis of the Medicaid basis the employee has after the Medicaid Act Section 8-28 to 8-30 the day the permissions take to.

Workers who have not been to work in the business after the absence may not require vacation money after the first clause, unless the nonprofit is due to work-givers termination or health care conditions.

(6) (Fratribility)

The rules of this paragraph about the calculation of vacation money from employer can be waived by tariffagreement.

0 Modified by laws 15 June 1990 # 34, 9 des 1994 # 65 (ikr. 9 des 1994 for the changes in No. 4 other clause b and c, 1 jan 1995 for the changes in number 4 first clause and other clause letter a), 28 Feb 1997 # 19 (ikr. 1 May 1997), 19 des 1997 No 99 (ikr. 1 jan 1998 and 1 apr 1998), 18 June 1998 No. 1 38 (ikr. 1 oct 1998 ifg. res. 18 June 1998 No. 578), 18 des 1998 No. 86, 20 June 2003 # 45 (ikr. 1 July 2003 ifg res. 20 June 2003 # 712), 21 apr 2006 # 10 (ikr. 1 jan 2007 ifg res. 21 apr 2006 # 428), 5 des 2008 No. 1 82 (ikr. 1 jan 2009 ifg res. 5 des 2008 No. 1 1284), 20 June 2014 # 25 (ikr. 1 July 2014), 22 June 2012 # 43 (ikr. 1 jan 2015 ifg. res. 26 Sep 2014 # 1220).
SECTION 11. Payment of Vacation Money
(1) (Almemorial rules)

Funding money that has been made with employer the preceding earnings year, is paid out last regular payday before the holidays. Working holder may still demand that the vacation money be paid off at the end of 1 week before the holidays take to.

Dele's holiday, the vacation money is going to be distributed accordingly. The share of the vacation money that exceeds salary for regular business hours during the holidays can still be paid in connection with the deviation of primary holiday or with wages for June month.

(2) (Feriemoney for not discontinued vacation)

Is vacation leisure transferred to a subsequent holiday year, the holiday paid vacation money for the transferred part first when the holidays are taken, jf regulations in No. 1.

(3) (Outpayment on termination of working conditions)

Hearing the working relationship, all of the upearned vacation money should be paid off the last regular payday before the frakanger. The share of the vacation money that does not allow to calculate within this time can be paid in connection with the closing salary settlement.

In the payout, deductions can be made with an amount that constitutes 1.4 percent of the holiday monetary basis that has been earned with the person employer in the abbreviated earnings year on 1 May-31 December 1988.

(4) (Outpayment at work combat)

Workers ' freatanger in connection with legal labour (strike or lockout) does not trigger pay-liked after # 3 above.

Workers who have resettled in connection with legal labour fight shall have paid vacation money for vacation that has already been stipuled, or as later determined, in accordance with the provisions of the No. 1.

(5) (Outpayment on deaths)

The door worker, all of which earned vacation money is payable to the estate along with the closing salary settlement.

Section 11 # 3 other clauses apply to the equivalent.

(6) (Outpayment from the solidarity of the Public Deciding Law, the Working Environment Law and Service Labor Act)

Where the solidarity employer outpays the employment of employment in co-workers of the general settlement law Section 13, paid vacation money by the work welder team at the same time. The same applies to where the solidari rents are outpaying employment guides to hired employment holder in co-work environment law Section 14-12 c and service personnel Act Section 3D.

(7) (The payment method, move in vacation money mv)

The payment method, the advert to make moves in vacation money and the duty of providing information on how the holiday money is rained out, regulated by the labour environment law Section 14-15.

(8) (Outpayment from Social Security)

Vacation money from Social Security after Section 10 No 4 other clauses are issued without consideration of the rules ahead in the second half of May month the year after the earnings year, jf. The Medicaid Act Section 22-10 fifth clause.

(9) (Fratribility)

The rules of the 1-5 can be deikes at tariffagreement

0 Modified by laws 28 Feb 1997 # 19 (ikr. 1 May 1997), 17 June 2005 # 62 (ikr. 1 jan 2006 ifg. res. 17 June 2005 # 609), 5 des 2008 No. 82 (ikr. 1 jan 2009 ifg res. 5 des 2008 No. 1 1284), 19 June 2009 # 42 (ikr. 1 jan 2010 ifg. res. 19 June 2009 # 841), 22 June 2012 No. 1 33 (ikr. 1 July 2013 ifg. res. 22 June 2012 No. 1 607), 20 June 2014 # 25 (ikr. 1 July 2014).

The cap IV. Different regulations.

SECTION 12. The business changes owner

Shifting business holder (owner or rent), the new holder enters the former indoor duty to give holiday leisure and pay holiday money after the law here. The requirement of vacation money that has been earned with the former holder can still be made current to this one.

SECTION 13. Guide

The work of the SEC provides guidance on the law here.

SECTION 14. Replacement

If employer or someone acting on dennes's behalf intentional or negligent fails to ensure that working holder is given holiday leisure and holiday money in accordance with the rules of the law here, duties employer to pay compensation.

The replacement should include the financial loss and a reasonable substitute for welfare loss. The responsibility can be levees if it is due to its scope or other circumstances is reasonably that working stakes entirely or partly carry the damage itself.

SECTION 15. Adgoing for the King to determine longer vacation

The king can decide that it should be introduced straight to vacation free time in up to 5 reality days out over holiday leisure time after Section 5. The individual expansion must be justifiable from an assessment of the country's total economic position. The average percentage rate for vacation money should be 10.6 when decision on 26 effective holiday leisure time has been taken, and after decisions on holiday leisure in 27, 28, 29 and 30 realities, respectively, 11.0, 11,4, 11,8 and 12.3 respectively.

SECTION 16. Ipower treden

The law here takes effect on 1 January 1990.

The transition rules in Section 17 will still take effect on 1 May 1988.

SECTION 17. Overtime rules

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(4) (The validity of previous ordinance)

Attaches authored in co-hold of the old law Section 1 third clause shall apply compared to the new law until the ministry decides otherwise.

SECTION 18. The rise and change in other laws

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