Common use of Payment of Holidays Clause in Contracts

Payment of Holidays. 3. If, pursuant to the holiday rules in their home country, posted employees are entitled to fewer days of paid holidays per holiday year than provided for by the Danish Holiday with Pay Act, the enterprise must give additional holidays pro rata to the period in which the employees perform work in Denmark, up to the number of days stated in the Danish Holiday with Pay Act. Alternatively, the enterprise and the employees may agree that, to the extent that the legislation in force from time so allows, the enterprise pays compensation to the employees for the lacking holidays, together with the pay. The settlement of the remaining contribution/pay supplement must, cf. the provisions of the collective agreement to this effect, appear from the payslip and be paid out/in for each pay period. It follows from section 6(1) of the Posting of Employees Act that if the legislation otherwise applying to the employment relationship is less favourable for the employees, especially with regard to the number of holidays and the holiday payment, than sections 7, 23 and 24 of the Holiday with Pay Act, the employer must ensure that the employees are granted additional holidays and holiday pay so that their terms are as favourable as provided for by the Holiday with Pay Act. This means that if the holiday arrangement of the home country is less favourable than provided for by the Holiday with Pay Act, the employees may earn additional holidays and/or holiday allowance or paid holidays during their posting to Denmark in accordance with the provisions of the Holiday with Pay Act. Under the Holiday with Pay Act, employees are entitled to five weeks’ holiday with pay at the rate of 12.5% of the annual pay in holiday allowance or with full pay during the holidays plus a supplement of 1% of the annual pay. The additional holidays and/or holiday allowance should not be granted pursuant to the provisions of the Holiday with Pay Act, but in a manner that fits into the holiday rules of the home country.

Payment of Holidays. 3. If, If pursuant to the holiday rules provisions in their home countrythe country of origin, posted employees are entitled to fewer days of paid holidays per holiday year than provided for by the Danish Holiday with Pay Act, the Act provides. The enterprise must give additional holidays shall supplement this pro rata in relation to the period in during which the employees perform employee performs work in Denmark, Denmark up to the number of days stated level in the Danish Holiday with Pay Holi- day Act. Alternatively, it may be agreed between the enterprise and the employees may agree that, to insofar as the extent that the relevant legislation in force from time so allows, the enterprise pays en- terprise shall pay compensation to the employees employee for the lacking holidaysshortfall in holiday days, together with as well as the paysalary. The settlement Settlement of the remaining remain- ing contribution/pay supplement allowance must, cf. the relevant provisions of the collective agreement to this effectagreement, appear from the payslip and be paid out/in for each pay period. It follows from section 6(1) Article 6, sub-clause 1 of the Posting of Employees Employ- ees Act that if the legislation otherwise applying to the employment employ- ment relationship is less favourable for the employees, especially employee with regard to the number length of holidays and the holiday and its payment, than sections Articles 7, 23 and 24 of the Holiday with Pay ActAct (the corresponding provisions in the new Holiday Act are Articles 5 and 16), the employer must ensure shall en- sure that the employees are granted additional holidays and holiday holi- day pay so that their terms are as equally favourable as provided with those pro- vided for by the Holiday with Pay Act. This means that if the holiday arrangement ar- rangement of the home country of origin is less favourable than provided pro- vided for by the Holiday with Pay Act, the employees may earn additional holidays and/or holiday allowance or paid holidays with pay during their posting to Denmark in accordance with the provisions of the Holiday with Pay Act. Under the Holiday with Pay Act, employees are entitled to five weeks’ holiday with pay payment at the rate of 12.5% of the annual pay in holiday allowance or with full pay during the holidays plus a supplement of 1% of the annual pay. The additional holidays and/or holiday allowance should not be granted pursuant to the provisions of the Holiday with Pay Act, Act but in a manner that fits into the holiday rules hol- iday provisions of the home country.country of origin. German enterprises