Holiday regulations for posted workers

In general, as a foreign worker posted in Denmark, you are covered by the holiday regulations of your home country. But, as a minimum, you are entitled to the holiday benefits given under Danish holiday regulations. This means that the Danish regulations take precedence if the regulations from your home country are less generous.

The regulations can be found in the Holiday Act and apply for almost all wage earners with a few exceptions, including employees in the agriculture and horticulture sectors.

How much holiday are you entitled to?

An employee is entitled to 25 days holiday in the holiday year, equivalent to 5 weeks – regardless whether the employee has earned holiday with or without pay or holiday money. If an employee has not accrued the right to paid holiday, they still have the right to take holidays without pay or holiday money.

When can you take holidays?

Employees are entitled to take their main holiday, consisting of 3 consecutive weeks, in the period from May 1 to September 30.

The remaining 2 weeks holiday must be given as, at least, 5 consecutive days at a time. An employer determines when holidays are taken, but following consultation with the employee. However, an employee’s wishes must be considered, as far as possible.

If an employer decides when the holiday is to be taken, notice of the main holiday must be given no later than 3 months in advance and remaining holidays no later than 1 month in advance.

How much paid holiday do you accrue?

An employee earns 2.08 days of paid holiday for each month's employment in the accrual year. The accrual year is the same as the calendar year. Holidays must be taken in the holiday year, which runs from May 1 to April 30 in the year that follows the accrual year.

Accrual of holiday days is the same for employees who are full time and part time.

Do you get salary or holiday pay for the holiday days?

Payment for the accrued holiday days can be either regular salary or holiday pay.

Employees who are temporarily employed and entitled to full pay for public holidays and sick days, are also entitled to pay during holidays. Pay during holiday is the equivalent of regular pay at the time of the holiday. In addition to regular pay, these employees also receive a holiday supplement. The holiday supplement is 1 percent of salary during the accrual year.

Workers employed on an hourly wage basis receive holiday pay equivalent to 12.5 percent of their salary for the accrual year.

Do you work in the agricultural sector?

If you work in the agricultural sector some exceptions to the Holiday Act apply. These exceptions apply if you receive pay for household work or agricultural work and receive board (meals, food) and lodging or board alone from your employer as part of your remuneration.

An exception works by you and your employer agreeing that holiday can be accrued and taken simultaneously: You accrue the same number of holiday days per month, in accordance with the provisions of the Holiday Act, but you can take them at the same time as you earn them. Meaning you can take the holiday days you earn in August in August itself.

This type of agreement must be made in writing, before work commences, otherwise you are covered by regular holiday regulations.