The right to holiday and holiday allowance is both ensured by law and the collective wage agreements. The Holiday Allowance Act, No.30/1987 specifies the minimum rights entitled to employees. The act shall not reduce more comprehensive or more advantageous holiday rights under other laws, agreements, or customs. Any agreements on lesser rights for wage earners than the act stipulates is invalid.
An employer is permitted to close the office during the holiday if this is announced with at lest one months notice. Employees who have not earned full holiday rights, that is not enough days for the whole holiday period cannot demand full wages according to article 9 of the Holiday Allowance Act, No. 30/1987.
If an employee cannot take their leave because of illness or accident they shall immediately inform the employer about the situation and submit a medical certificate. Even though the employer has obligations to pay for illnesses during holiday time, it is not sufficient that a doctor certifies that the person in not well. Illness during holiday must be severe enough that the person is unable to enjoy the holiday because of the illness.
If that condition is fulfilled the employee can demand the right to take the leave at another time, but within the holiday year. If that is not possible, the employee has the rights to get their holiday allowance paid out.
Wage earners are entitled to a holiday allowance consistent with holiday rights accrued during the past holiday allowance year. Holiday allowance shall be calculated at the time of each wage payment, with a minimum of 10.17% of the holiday allowance being calculated based on the minimum holiday period (two days a month)
In most of BSRB’s wage agreements the holiday allowance is 13.04% which equals 30 days per year.
The employer in collaboration with the employee decide when leave should be taken. The employer shall, when possible, comply with the wishes of the employee. After receiving those wishes the employer shall inform the employee as soon as possible or no later than one month in advance, unless under special circumstances.
When leave is taken or part of the leave is taken outside the annual holiday period on request of the employer, the length of the leave increases by 25%.
According to the Holiday Allowance Act, No. 30/1987, the holiday allowance year shall be reckoned from May 1st to April 30th. According to the collective wage agreements affiliated to BSRB, members should take their annual leave between May 2nd to September 15th. Most of the unions allow the members to take all his/her leave during that time or at least 15 days continuously.
The right to holiday allowance is divided into two parts. Firstly, it is about the employee’s right to take leave from work and secondly the right to payments while on leave. The annual leave is 30 days according to collective wage agreements with the state and municipals.