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The Annual Holidays Act (1977:480)

Original Language Title: Semesterlag (1977:480)

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Vacation benefits



section 1 workers are entitled to vacation benefits under this

team. Vacation benefits consist of annual leave,

holiday pay and holiday compensation.



Special provisions for certain workers, see



1. Act (1963:115) on extended vacation for some

workers with radiological work,



2. Act (2010:449) on defence forces personnel at

international military operations, and



3. Act (2012:332) on certain defense attorney positions.

Law (2012:333).



Agreements between employers and workers



section 2 of The agreement, which means that workers ' rights

under this Act, is invalid in that section. This

does not apply, if nothing else is clear from the Act.

Law (2009:1439).



2 a of the agreement may be made By way of derogation from b 5, 12, 12, 19-21

and 30 (a) sections, to the extent that the

the provisions.



By collective agreements, on the employee side have been concluded

or approved by a central workers ' organization,

deviation made from 3, 3 (a), paragraph 9, 11, 16 and 16 b,

22, 26, 26A, 29, 29A, 30 sections.



An employer who is bound by a collective agreement

covers the issues referred to in the first and second subparagraphs, shall

These issues apply also to a worker who

not a member of the Contracting

workers ' organization. This applies as long

a worker employed in the work covered by the contract

and not subject to any other applicable collective agreements.

Law (2009:1439).



Leave year and qualifying years



section 3 with the leave year referred to the period from april 1, a

year to 31 March of the following year. The corresponding time

immediately preceding the leave year kalllas qualifying years.

Law (2009:1439).



Annual leave and holiday days



3 a of the annual leave for the whole days. In the leave is included

single vacation days or a period of vacation days,

including the non-working days. Leave begins and ends with

a vacation day.



Saturday and Sunday do not count as vacation days other than in

cases referred to in the third subparagraph of section 9. With Sunday assimilated

public holiday and midsummer Eve, Christmas Eve and new year's Eve.

Law (2009:1439).



4 § A worker has the right to twenty-five vacation days

each holiday year. If the position is initiated after 31

August during the vacation year, an employee has the right to

only five vacation days.



During annual leave shall have the employee vacation pay, if

such has been earned under section 7. Law (2009:1439).



§ 5 in the case of an employment referred to last for a maximum of three

months and which do not last longer, it may be agreed that

annual leave should not be outsourced. In such a case,

the employee is entitled to vacation pay.



Workers in general secondary apprenticeship employment has the right to

annual leave only if this has been agreed in particular. A

workers in such employment are entitled to

vacation pay for the vacation pay earned but

not been taken out. Such compensation shall, unless otherwise agreed

or follows from the first and second paragraphs of section 28 or section 30,

be paid at the latest one month after the end of the spring semester.

Law (2014:424).



section 6, a worker who changes employment has the right to

annual leave in the new employment only in the

extent to which the worker does not already have had such leave

in the previous employment.



If the transfer of vacation benefits to new employment with the

same employer provisions in paragraph 30 (b).

Law (2009:1439).



Holidays with holiday pay



7 § the number of vacation days with the vacation pay is calculated on the

the following way. From the days the employee has been employed

of the employer during the reference year (contract)

subtract the days on which the employee has been absent

from work without pay. Absence due to

annual leave, lay-off, short-time work or leave

as under 17-17 (b) § § is vacation pay, as well as

non-working days that fall during such absences,

should be counted into the period of employment. The difference is divided

with the number of days during the reference year. The ratio is multiplied

with twenty-five. If a broken speech occurs, rounded this

to the next higher whole number. Team (2013:950).



Vacation days without holiday pay



section 8 a worker may waive the right to annual leave

that is not associated with vacation pay.



A worker shall, on request, give the employer notice of

their preferences when it comes to outsourcing of annual leave

without vacation pay or the extent to which the employee

are refraining from such leave. Notice need not be given

before the employer has announced how many vacation days without

salary an employee is or may be entitled to are calculated.



Annual leave without pay have been posted on the occasion of the

the employee's statement referred to in the first subparagraph,

the employee later renounce the leave except in cases

as specified in section 13. Law (2009:1439).



Annual leave for employees who regularly work

Saturday or Sunday



§ 9 A workers, who regularly work Saturday or

Sunday or both these days, at the annual leave that

at least five days right to leave the corresponding time

by the weekend, during vacation, either

immediately before or immediately after this. Covers

vacation at least nineteen days have the employee

to leave the corresponding time of the weekend both immediately

prior to and immediately after the leave, unless there are special reasons

speak against this.



In cases referred to in the first subparagraph the worker leave

of corresponding extent to a day of the week, that is not Saturday

or Sunday, which falls during vacation,

count the day of the week as vacation day.



If vacation is shorter than five days and

the employee is on leave Saturday or Sunday, which otherwise

would have been a working day, such day shall be counted as

vacation day. Non-working day should not be regarded as a vacation day.

Law (2009:1439).



Semesterledighetens garrison



section 10 of the collective agreement between the parties which meet on wages and

General terms of employment, it should, if the labour party

request it, even meet collective agreements on participation

for workers in matters relating to the organisation of

annual leave. In the case of an employee for whom a

such an agreement has not been reached, the provisions of other

and third paragraphs.



It provided for on an employer's obligation of negotiation in

11 and 13 of the Act (1976:580) for participation in working life

shall apply by analogy as regards the organisation of working time

of such annual leave as provided in section 12. If the worker

not represented by a förhandlingsberättigad organization

or if such an organisation does not wish to negotiate, should

the employer shall consult with the employee on leave

organisation of working time.



When it comes to the organisation of other annual leave than

such as referred to in section 12, the employer shall consult with the

the worker, on the negotiation with workers ' organization

has not taken place. Law (2009:1439).



section 11 if unable to agree on how

annual leave is to be placed, determine the employer

the organisation, unless otherwise agreed.



Has the organisation of decisions reached on vacation

any way other than by agreement with a worker

or his representative, the employer shall notify the

the employee of the decision. The notification shall be made at the latest

two months before the beginning of the leave. If there are particular

reasons, it may be filed later, though, if possible not less than one month

before the beginning of the leave. Law (2009:1439).



section 12 unless otherwise agreed, the vacation

be located so that the worker receives a leave period of

at least four weeks during June-August. Even without the support of contracts

such a vacation period be located in a different time, when

special reasons causing it. Law (2009:1439).



12 a of the annual leave shall be located so that the worker

with lower employment rates than full time, or with

irregular work hours are getting the same amount of leave as a

workers who work full time or a worker with

regular working hours. Law (2009:1439).



12 b of The vacation days that are laid out in a given

leave year to days of holiday pay laid out first, if not

unless otherwise agreed. Law (2009:1439).



Annual leave in case of lay-off or short-time work



13 § Decides an employer about lay-offs as

the worker had no reason to expect when vengeance

was submitted according to section 8, have the employee to refrain from

outsourced annual leave without vacation pay, if the leave

coinciding with the permitteringsperioden.



Have a worker provided information according to § 8 before he or

She received information about the working hours shall be posted at

short-time work, have the employee to refrain from cross-

annual leave without vacation pay, on vacation

coincides with the time when the employee must be completely

absent due to short-term work.



The first and second paragraphs applies, however, only if the employee

notify the employer at least two weeks before the

semesterledighetens beginning. Get the worker only later

knowledge of layoff or how working hours should be added

out on short-time work, the employee shall refrain from

vacation if he or she shall, without delay, notify the

the employer. Has vacation then initiated, terminated

leave at the end of the day on which the employer

communication. Team (2013:950).



Annual leave in connection with termination and disease etc.




section 14 of the annual leave shall not, without the worker's consent

placed to notice.



Would upon termination by the employer

the notice period is wholly or partly falls within already dealt

annual leave and termination depends on conditions

not relating to the employee personally,

semesterledighetens camp in the same extent, if

the employee requests it.



The first and second subparagraphs shall not apply if the period of notice

exceeding six months. Law (2009:1439).



section 15 if during vacation is one or

several days which the employee had not been able to work on

because of illness or injury, or one or more

days which is vacation pay founding under 17 (a) and 17 (b) § §

shall, without delay, if the employee requests it, such

days do not count as vacation days. In such a case, the

vacation days remaining are placed in a context, whether

the worker does not allow otherwise. Law (2011:129).



Calculation of vacation pay



section 16 of the holiday pay of an employee who has a salary determined by

week or month is calculated in accordance with section 16, unless otherwise

is clear from the second subparagraph or the employer chooses to

calculate vacation pay pursuant to paragraph 16 (b).



Vacation pay is calculated in accordance with section 16 (b) for an employee who

has



1. salary not specified per week or month,



2. salary which regularly consists of a fixed and a variable component of

the variable salary, estimated to be at least ten percent

of the total earnings during the vacation year, or



3. an employment rate that has varied during

the reference year, or who have



4. amended the employment rate between the reference year and

vacation time, or



5. been absent during the reference year for reasons that are not

vacation pay founding according to §§ 17-17 b, unless

the absence has lasted to the same extent during the entire reference year

and runs in the scope at holiday time.



Special provisions relating to certain benefits in the calculation of

holiday pay is available in paragraphs 24 and 25. Law (2009:1439).



Holiday pay under sammalöneregeln



16 a of the Vacation pay referred to in sammalöneregeln is it at

vacation time current weekly or monthly pay,

any fixed salary supplement as well as a holiday bonus.



Holiday extension for any paid vacation day is for

veckoavlönade workers 1.82% of weekly wage and

monthly paid workers 0.43% of monthly salary. Has

the worker fixed wage supplement to weekly and

the monthly salary is increased with these supplements prior to the calculation of

Holiday extension.



The worker also variable salary elements are holiday pay for

These wage share 12% of the worker's total

expired variable salary during the vacation year. Law (2009:1439).



Vacation pay percentage rule



16 b of holiday pay according to the percentage rule constitutes 12% of

the worker's overdue wages in employment during

the reference year.



In the payroll amount shall not be included as follows:



1. vacation pay,



2. remuneration for the date of an employee wholly or partly

had the vacation pay founding absence pursuant to §§ 17-17 (b), or



3. severance pay provided in the reason of downtime

with simultaneous vacation when not entitled to holiday pay

exist for the same time.



For each such absence date specified in the second subparagraph of paragraph 2 shall be increased

rather than pay the sum an amount equal to the income

the employee would have had if the work rather than carried out in

the normal extent of employer's behalf. With normal

scope refers to the employee's regular working time measurement. Today

amount not to establish, it is estimated to be the

income likely would have been paid if the worker

during the absence time had worked for the employer.

Law (2009:1439).



Vacation pay founding absence



section 17 absences from work is vacation pay Foundation when it

terms of leave due to illness, if the absence in

the vesting year does not exceed 180 days, or if the absence

depends on work injury. In such absence period be included also

days when the worker would not have done.



The absence ceases to be the Foundation on which vacation pay

the worker was partially or completely absent from

work over a full qualifying year, without major disruption of

the absence than fourteen days in a row. Law (2009:1439).



17 a of absences from work is vacation pay founding when

terms of leave under the parental leave act

(1995:584)



1. leave under paragraph that law, if

absence during the reference year does not exceed 120 days,

or for single parent 180 days,



2. the pregnancy cash benefit due under 10 Cape.

the social security code, or



3. period for which maternity benefits provided by reason of

birth or adoption of a child under 12.

the social security code, if the absence of any children or

at flerbarnsbörd a total of not more than 120 days

or for single parent 180 days.



In an absence period referred to in the first subparagraph be included also

days when the worker would not have done.

Law (2010:1223).



17 b of absences from work is vacation pay Foundation when it

applies



1. leave in view of the risk of transmission of infection,



a) if the employee is eligible for carrier compensation

According to chapter 46. social insurance code, and



(b)) on the absence during the reference year does not exceed 180

days,



2. leave pursuant to lagen (1988:1465) for leave to

families, if the absence during the reference year does not

exceed 45 days;



3. leave for training which essentially refers to the

Trade Union or trade union activity related issues

or eligible for teckenspråksutbildning

some parents (tough), if the absence during the reference year does not

more than 180 days and the leave does not give the right to

vacation pay pursuant to any other law,



4. leave on grounds of basic education if not more than 60 days, or

refresher training under the Act (1994:1809) about

national service, if the absence during the reference year does not

more than 60 days, or



5. leave under the Act (1986:163) on the right to time off for

education in Swedish for immigrants.



In an absence period referred to in the first subparagraph be included even days

When the worker would not have done.

Law (2010:1224).



The right to save the annual leave



18 § a worker, who during a leave year is entitled to

more than 20 vacation days with pay, save one or more

such excess days until a later leave year.



A saved vacation day will be posted within five years from the end

of the leave year in which it was saved, unless otherwise provided by

section 20, second paragraph.



Vacation days may not be saved during a leave year then

the worker get vacation days, saved from

in previous years. Law (2009:1439).



19 § Would a worker save vacation days or take out

saved vacation days in connection to vacation in

Moreover, the employer must be informed when the

the organisation of this year's annual leave is determined.

Notice need not be given until the employer

has announced how many vacation days with the salary the worker

has or may be entitled to are calculated. A worker who wants to

Remove saved vacation days without any context, with

vacation otherwise, shall notify the employer thereof

at the latest two months in advance.



The first subparagraph only apply unless otherwise agreed.

Law (2009:1439).



Installation of saved vacation days



20 § Saved vacation days should be located in the leave year

as the employee chooses. However, this does not apply if any

unless otherwise agreed, or if there are special reasons to

vacation days being outsourced to that year.



If the employee has indicated that saved vacation days should

take place in the fifth year after the leave year in which the

was saved, and if such an organisation would entail significant

nuisance, may agree that vacation days

should be laid out in the sixth year. Law (2009:1439).



section 21 Are a worker while getting at least five saved

vacation days, and the whole vacation for

vacation year laid out sequentially, unless otherwise

agreed. Law (2009:1439).



Holiday pay for saved vacation days



section 22 of the holiday pay for saved vacation days are calculated according to

16-16 (b) sections. All saved vacation days that are awarded to

considered to be earned during the preceding

the reference year. Law (2009:1439).



23 repealed by law (2009:1439).



Special provisions concerning vacation pay



section 24 for the purpose of calculating vacation pay, account shall not be taken into

the benefit of free accommodation or to a fringe benefit, intended

to be reimbursed for specific costs.

Law (2009:1439).



section 25 of The workers, who get free diet in the employer's

household, are entitled to equitable remuneration for weightloss

vacation days when the benefit has not been used to any extent.

Law (2009:1439).



Payment of holiday pay



section 26 of the employer must pay holiday pay to

the worker in connection with vacation.



Holiday pay for variable salary elements referred to in paragraph 16 (a) third

subparagraph shall be paid within one month of vacation this year

output. Law (2009:1439).



Holiday pay for the holiday, which has been unable to be posted



26 a of the Vacation days of vacation pay that has not been saved

in accordance with section 18 and who has not been able to be laid out in

vacation year are replaced with vacation pay. Such holiday pay

is determined according to the basics of calculating holiday pay in


16-16 b section, and shall be paid not later than one month after

holiday of the year. Holiday pay is paid, however, only to

the number of days that together with the number of days

earned during the reference year exceeds twenty-five.

Law (2009:1439).



repealed by law 27 (2009:1439).



Holiday pay



section 28 Of the employment ceases before the worker has received the

vacation pay earned, the worker should instead get

holiday pay. This does not apply if the subject of 30 b

or section 31.



Equivalent should apply if the worker's terms and conditions of employment

changes to annual leave with vacation pay to be placed

already during the reference year. In such a case, the provisions

If vacation pay shall be applied as if the employment had

stopped at the date from which the new

conditions of employment shall apply.



Special provisions concerning vacation pay can be found in section 5 of

for



1. workers who are hired for work referred to last for

a maximum of three months, and



2. workers in secondary apprenticeship employment.

Law (2014:424).



section 29 of the holiday allowance is determined according to the basics of

calculation of vacation pay.



For saved vacation days, holiday pay is calculated as

If they charged during the leave year in which the employment

came to an end. Law (2009:1439).



29 a § Has a worker received vacation pay in advance,

reduced holiday compensation with such holiday pay. This

does not apply, if the vacation pay received in advance

paid more than five years prior to the termination of

or if their employment due to



1. the employee's illness,



2. the conditions referred to in the third subparagraph of paragraph 4 of the law

(1982:80) employment protection, or



3. termination by the employer that depend on

circumstances which do not relate to the employee

personally, except when termination takes place in connection with a

bankruptcy. Law (2009:1439).



Payment of holiday pay



section 30 of the vacation pay paid to the employee

without undue delay and at the latest one month after

termination of service.



If it is not possible to calculate vacation pay within a month

After termination, it shall be paid within a

week after the obstacle against compensation

came to an end. Law (2009:1439).



Uncontrolled workers



section 30 (a) where an employee performs work during such

conditions that it cannot be considered the employer's

task to watch over how work is arranged, the agreement

meet if deviation from the rules on the organisation of

annual leave in sections 9 to 15. Such derogation shall not involve

a restriction on a worker's right to take twenty-five

vacation days, or small number of vacation days

an employee is entitled to any leave year.

Law (2009:1439).



New employment in connection with a previous employment



section 30 (b) If before a position has ceased is clearly

a new employment relationship between the parties will commence in the near

connection to the past, to employment in

Holiday terms are counted as a single work.



The first subparagraph shall apply only if the



1. the accrued vacation has not already been posted,



2. holiday compensation has not already been paid, and



3. He explained that vested vacation benefits

should be transferred to the new employment. Law (2009:1439).



Transition to new employer



section 31, A workers ' rights under this Act is not affected by

to an undertaking, business or part of a business,

transitioning to a new employer through such a transition as

subject to section 6 (b) of the Act (1982:80) employment protection.

The worker's rights are not affected by the fact that a company

or part of an undertaking is transferred to a new employer in

connection with the bankruptcy.



Turns a worker to another employer within the same

Group, should the worker in vacation terms have the same right

in the new employment as in the past. This assumes

However, the worker does not receive holiday pay of the

previous employer and to the employee within one month

After termination explains to both the

the previous and the new employer that he or she would

transfer the accrued vacation benefits to the new

the employment.



In the cases referred to in the second paragraph is the new employer

entitled to by the former employer get an amount

corresponding to the vacation pay which it has previously

the employer would otherwise have paid to the worker.

Law (2009:1439).



Damages



32 § Employers who violate this Act shall pay to the employee,

In addition to the holiday pay or vacation pay to which the employee

can be justified, compensation for damage.



In determining whether and to what extent damage has arisen, account shall also be taken

to the worker's interest in obtaining annual leave and to

other circumstances by other than purely economic significance.



If, having regard to the nature of the size or other circumstances is

reasonable compensation may be reduced or forfeited.



Statute of limitations



33 § workers wishing to request vacation pay,

holiday compensation or damages under this Act shall

bring an action within two years from the end of the leave year then

a worker under the Act would have received the benefit

the request is for. Neglecting the worker the right to

the action is lost. Law (2009:1439).



Trial



§ 34 Goals on the application of this law, handlägges under the Act (1974:371)

If the trial in labour disputes.



Transitional provisions



1985:86



This law shall enter into force on 1 July 1985. The new provision

vacation pay founding absence in connection with pregnancy benefit

apply only to absences that have occurred after the entry into force.



1988:1468



1. this law shall enter into force on 1 July 1989.



2. Older provisions shall apply in the case of compensation according to the law

(1956:293) on the compensation of carrier. Law (1989:339).



1990:102



1. this law shall enter into force on 1 april 1990. Annual leave according to the

the new law is based on the assumption, however, first during the holiday year on april 1, 1991-the

March 31, 1992, unless otherwise agreed.



2. A collective agreement or other agreement, concluded on the basis of

elder law and includes lower benefits than under the new law,

is in such a part without effect.



1992:1329



This law shall enter into force on 1 april 1993. As regards annual leave

However, the new law shall be applied only during the holiday year 1 april

1994-31 March 1995.



1993:334



This law shall enter into force on 1 June 1993. The new rules apply

for the purposes of calculating vacation pay for the period from 1 april 1993.

Vacation pay earned before the date of entry into force shall not be reduced.



1994:1688



This law shall enter into force on 1 January 1995. The law, however, shall not

apply in respect of a transfer of an undertaking, business

or part of an activity that occurred prior to the entry into force.



1999:1399



This law shall enter into force on 1 July 2001. The older wording

still applies in the case of aid granted under

the repealed study support Act (1973:349) or under

transitional provisions to study support Act (1999:1395).



2002:625



1. this law shall enter into force on 1 January 2003.



2. Older provisions still apply for special

educational contributions relating to the period prior to the entry into force.



2006:1529



1. this law shall enter into force on 1 January 2007.



2. Older rules still apply in the case of

recruitment allowances provided under the repealed Act

(2002:624) If recruitment grants for adult students.



2009:1439



1. this law shall enter into force on 1 april 2010.



2. The new provisions of section 17, apply for the first time to

absence periods beginning after the entry into force. When the

regards it as part-time at its entry into force is

absent from work due to illness or injury,

the new provisions should apply from the date of entry into force.

Law (2011:129).