Common use of Minimum Wage and Minimum Holiday Allowance Act Clause in Contracts

Minimum Wage and Minimum Holiday Allowance Act. 1. Subject to the provisions of subsections 2, 3 and 4, it can be determined by regulation under public law or by collective agreement that the employee is not entitled to holiday allowance or that he is entitled to a lower amount of holiday allowance than stipulated under Section 15. 2. If the sum of the wages to which the employee has acquired entitlements on 1 June of any year over the preceding period of a year, and the holiday allowance, insofar as the employee has acquired entitlements to it over that period, is less than 108% of the amount to which the employee has acquired entitlements in the form of the minimum wage for that period, the employee will further be entitled to an amount of holiday allowance for that period for the amount by which said 108% exceeds the aforesaid sum. 3. Insofar as the employee, whilst in employment, has acquired entitlements to benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act over a period of time as referred to in subsection 2, the employee is entitled in respect of the employer to an amount of holiday allowance on the basis of these benefits, to the extent that this amount plus those benefits amount to at least 108% of the amount of benefit which the employee is or would have been entitled to over this period of time under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act. 4. In the event that Section 15, subsection 4 has been applied, the employee, over a period as referred to in subsection 2, is entitled to an amount of holiday allowance to the extent that this amount plus the wage or benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act, to which the employee has acquired entitlements over that period of time, is not less than the sum of the minimum amount determined in accordance with Section 15, subsection 4 and the minimum wage or the benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act, calculated on the basis of the minimum wage to which the employee is or would have been entitled to over that period of time. 5. If the wage agreed by the employer and employee exceeds three times the minimum wage, it can be determined by a written agreement that the employee is not entitled to holiday allowance or is entitled to a lower amount of holiday allowance. Section 15, subsection 2 applies mutatis mutandis. 6. In the event that the employer who is obliged in respect of his employees to apply a public regulation or collective labour agreement or the provisions of a collective labour agreement that have been declared generally binding, in which Section 15 has been deviated from by virtue of subsection 1, also employs staff who are not subject to that obligation, Section 15 may mutatis mutandis be deviated from as regards to the latter group of employees, by written agreement. 7. If the employee is entitled to wages over a period in which he does not perform work, the benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act by which the wage is reduced in accordance with that provision are, for the purpose of this section, deemed to be wage payable by the employer.

Minimum Wage and Minimum Holiday Allowance Act. 1. Subject to the provisions of subsections 2, 3 and 4, it can be determined by regulation under public law or by collective agreement that the employee is not entitled to holiday allowance or that he is entitled to a lower amount of holiday allowance than stipulated under Section 15. 2. If the sum of the wages to which the employee has acquired entitlements on 1 June of any year over the preceding period of a year, and the holiday allowance, insofar as the employee has acquired entitlements to it over that period, is less than 108% of the amount to which the employee has acquired entitlements in the form of the minimum wage for that period, the employee will further be entitled to an amount 72 CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS 73 of holiday allowance for that period for the amount by which said 108% exceeds the aforesaid sum. 3. Insofar as the employee, whilst in employment, has acquired entitlements to benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act over a period of time as referred to in subsection 2, the employee is entitled in respect of the employer to an amount of holiday allowance on the basis of these benefits, to the extent that this amount plus those benefits amount to at least 108% of the amount of benefit which the employee is or would have been entitled to over this period of time under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act. 4. In the event that Section 15, subsection 4 has been applied, the employee, over a period as referred to in subsection 2, is entitled to an amount of holiday allowance to the extent that this amount plus the wage or benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act, to which the employee has acquired entitlements over that period of time, is not less than the sum of the minimum amount determined in accordance with Section 15, subsection 4 and the minimum wage or the benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act, calculated on the basis of the minimum wage to which the employee is or would have been entitled to over that period of time. 5. If the wage agreed by the employer and employee exceeds three times the minimum wage, it can be determined by a written agreement that the employee is not entitled to holiday allowance or is entitled to a lower amount of holiday allowance. Section 15, subsection 2 applies mutatis mutandis. 6. In the event that the employer who is obliged in respect of his employees to apply a public regulation or collective labour agreement or the provisions of a collective labour agreement that have been declared generally binding, in which Section 15 has been deviated from by virtue of subsection 1, also employs staff who are not subject to that obligation, Section 15 may mutatis mutandis be deviated from as regards to the latter group of employees, by written agreement. 7. If the employee is entitled to wages over a period in which he does not perform work, the benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act by which the wage is reduced in accordance with that provision are, for the purpose of this section, deemed to be wage payable by the employer.

Minimum Wage and Minimum Holiday Allowance Act. 1. Subject to the provisions of subsections 2, 3 and 4, it can be determined by regulation under public law or by collective agreement that the employee is not entitled to holiday allowance or that he is entitled to a lower amount of holiday allowance than stipulated under Section 15. 2. If the sum of the wages to which the employee has acquired entitlements on 1 June of any year over the preceding period of a year, and the holiday allowance, insofar as the employee has acquired entitlements to it over that period, is less than 108% of the amount to which the employee has acquired entitlements in the form of the minimum wage for that period, the employee will further be entitled to an amount of holiday allowance for that period for the amount by which said 108% exceeds the aforesaid sum. 3. Insofar as the employee, whilst in employment, has acquired entitlements to benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act over a period of time as referred to in subsection 2, the employee is entitled in respect of the employer to an amount of holiday allowance on the basis of these benefits, to the extent that this amount plus those benefits amount to at least 108% of the amount of benefit which the employee is or would have been entitled to over this period of time under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act. 4. In the event that Section 15, subsection 4 has been applied, the employee, over a period as referred to in subsection 2, is entitled to an amount of holiday allowance to the extent that this amount plus the wage or benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act, to which the employee has acquired entitlements over that period of time, is not less than the sum of the minimum amount determined in accordance with Section 15, subsection 4 and the minimum wage or the benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act, calculated on the basis of the minimum wage to which the employee is or would have been entitled to over that period of time. 5. If the wage agreed by the employer and employee exceeds three times the minimum wage, it can be determined by a written agreement that the employee is not entitled to holiday allowance or is entitled to a lower amount of holiday allowance. Section 15, subsection 2 applies mutatis mutandis. 6. In the event that the employer who is obliged in respect of his employees to apply a public regulation or collective labour agreement or the provisions of a collective labour agreement that have been declared generally binding, in which Section 15 has been deviated from by virtue of subsection 1, also employs staff who are not subject to that obligation, Section 15 may mutatis mutandis be deviated from as 82 CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS CAO COLLECTIVE AGREEMENT FOR TEMPORARY WORKERS 83 regards to the latter group of employees, by written agreement. 7. If the employee is entitled to wages over a period in which he does not perform work, the benefits under the Sickness Benefits Act, Chapter 3, Section 2, subsection 1 of the Work and Care Act and the Unemployment Insurance Act by which the wage is reduced in accordance with that provision are, for the purpose of this section, deemed to be wage payable by the employer.