ADVANCE HOLIDAY AND HOLIDAY NOTICE. As a deviation from Section 7 of the Danish Holiday Act on taking holiday in advance and the principles in Section 15 of the same act, a local agreement can be entered into with the trade union representative on taking holiday in advance and on notification of holiday that has not been earned at the time it is taken. The local agreement must be in writing. It can be agreed that employees are granted up to 5 weeks of holiday at the start of the holiday year on 1 September. Employees who join during the holiday year are allocated a number of holiday days proportionally. The company can give notice that holiday should be taken at a time when the holiday has not yet been earned (give notice of "holiday in advance"). The com- pany cannot give notice of more holiday than the employee can earn before the end of the holiday year. If an employee leaves the company during the holiday year and the employee has used more holiday than earned at that time, the company can perform a deduc- tion from the employee's salary and holiday pay claim. Where termination is due to dismissal, the company cannot deduct more holiday than the employee can earn before leaving the company, unless the termination is due to a material breach on the part of the employee. Where the employee cancels or terminates his or her employment relationship due to the company's material breach of contract, no deduction can be made. The company must calculate and pay holiday allowance to the employee if the employee has received less holiday allowance than the employee would have received if the employee had not taken "holiday in advance". For employees with holiday with pay, a holiday pay differential calculation shall be performed, cf. Section 17(2) of the Danish Holiday Act, if a change in working hours means that the individual employee has received too little in salary during their holiday in advance.
