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).