The Local is not responsible for content posted by users.
This discussion forum closed permanently on 25th February 2021.
  Reply to this topic

Swedish vacation rules

How can I get "earned days" when I quit?

elk200
post 13.Sep.2013, 07:19 AM
Post #1
Joined: 11.Apr.2012

Dear all,

I've been working in Sweden since last year - still in the same job, and I intend to stay in that job until I leave the country next spring.
I haven't fully understood the rules for vacation days, and there is not really anyone at work I can ask without stirring up suspicion that I'm going to quit soon. I'm hoping to get some feedback here if what I'm describing is in line with overall Swedish rules, and what I could/should do.

  • The vacation year at my company goes from 1 April to 31 March. Vacation is earned "the preceding vacation year", according to my contract.
  • That means from when I joined in July 2012 until 31 March 2013, I had no right to take vacation days (except for "borrowed" ones), and I didn't.
  • From 1 April 2013 to 31 March 2014, I had/have a fraction of the total potential 28 days, reflecting that I worked 9 months out of the preceding vacation year (July-March). So I had/have 9/12*28=21 days.
  • On 1 April 2014, I would now be granted a full 28 days, as I will have worked all the time from 1 April 2013 until 31 March 2014.

The issue is that I am considering quitting earlier, with my last day of employment on 28 February 2014 or 31 March 2014.
The question is: What would happen to my vacation days? Would I lose them, would they be paid out, or could I still legally take them at the end of my employment?

(Because if I couldn't, there would be a weird scenario in which being employed until 30 April 2014 would mean I could leave earlier than if being employed until 31 March 2014...)

Thanks!
Go to the top of the page
+
Rick Methven
post 13.Sep.2013, 07:45 AM
Post #2
Location: Linköping
Joined: 30.Nov.2005

To ensure that workers do take time off rather than the money, the general rule is that you can not get pay in leu of holidays. In my wife's company, if you do not use your holidays by 31st March, you loose them. You could most probably take any outstanding holiday instead of working out all your notice.
Go to the top of the page
+
AgeOfReason
post 13.Sep.2013, 08:37 AM
Post #3
Location: Stockholm
Joined: 1.Sep.2013

And on the flip side of the coin, your employer cannot ask you to take vacation during your period of notice and therefore will have to pay you for vacations not taken, since even during the notice period you are still earning vacation days.
Go to the top of the page
+
elk200
post 22.Sep.2013, 11:50 AM
Post #4
Joined: 11.Apr.2012

Thanks, but that does not really answer my original question. According to my contract, only from 1 April 2014 will I have the right to take vacation earned from 1 April 2013 to 31 March 2014.

So the question is, if I wanted to quit with my last day being 31 March 2014, would I be able to take out all that vacation anyhow? I want to take it right at the end of my employment, all of it.

Or will I really have to be employed until 30 April 2014, with the weird effect that with being employed until then I could physically leave the job earlier than if being employed until 31 March 2014?
Go to the top of the page
+
Bender B Rodriquez
post 22.Sep.2013, 01:03 PM
Post #5
Joined: 25.Mar.2006

QUOTE (Rick Methven @ 13.Sep.2013, 08:45 AM) *
To ensure that workers do take time off rather than the money, the general rule is that you can not get pay in leu of holidays. In my wife's company, if you do not use you ... (show full quote)

That is illegal. You always have the right to either save some vacation days or to get monetary compensation. This is not governed by unions but by the law. However, it does not apply to all vacation days, only one week per year out of the five weeks guaranteed. On termination of your contract you do however have the right to get monetary compensation for all of your earned vacation.

To the OP: One way or another you have the right to your earned vacation days, either as vacation or as money. There is no requirement that you work the whole period required to collect the days. If you quit or get laid off before that period you are still entitled to the vacation you have earned so far.

You employment will end the date you decide with your employer, and you either get money or vacation before that date.
Go to the top of the page
+
elk200
post 22.Sep.2013, 03:51 PM
Post #6
Joined: 11.Apr.2012

QUOTE (Bender B Rodriquez @ 22.Sep.2013, 01:03 PM) *
To the OP: One way or another you have the right to your earned vacation days, either as vacation or as money. There is no requirement that you work the whole period required ... (show full quote)

Bender, helpful as usual! So now I know I will be compensated somehow and the days are not lost. One question remains: Under which circumstances, if any, can the employer force me to accept monetary compensation rather than me taking out the vacation? Is there any law that governs it? Because while I will want to leave the job as soon as possible, I am certain my boss will try everything to make me work as long as possible.
Go to the top of the page
+
Bender B Rodriquez
post 22.Sep.2013, 05:50 PM
Post #7
Joined: 25.Mar.2006

The employer needs one month of notification if you quit your job. During that time the law only states that the employer cannot force you to take out vacation, not the opposite.
Go to the top of the page
+
AgeOfReason
post 22.Sep.2013, 06:50 PM
Post #8
Location: Stockholm
Joined: 1.Sep.2013

QUOTE (Bender B Rodriquez @ 22.Sep.2013, 02:03 PM) *
However, it does not apply to all vacation days, only one week per year out of the five weeks guaranteed.

Just to expand a little on this, as one cannot be sure it is widely known. If you have entitlement to more than 20 days vacation (part time do not) from the employer, then you can save 1 week per year that must be used within 5 years.
So, when you take your vacations the next year you do NOT have to use that 1 week saved unless you specifically tell the employer it is the saved vacation you are taking and not the ones due for that year. And you can even save 1 week from the following year etc.etc.

If you would like to take a very long vacation (with the employers permission of-course) of say 10 weeks, you can over a 5 year period save 1 week per year by law, and in year 6 or 7 add the saved vacations to the current vacation allocation to have a 10 week vacation.

Employers always decide if you can have a vacation or not, though summer period has a degree of protection for employees, they can only force you to take vacation by giving advance notice that the entire location (office) will be closed for a specific duration and it is classed as vacation time for everyone, otherwise they cannot force you to take vacation, and the reverse is applicable, you cannot just take vacation when you want. During notice period they cannot make you take vacation, unless the notice period is 6 months or longer.
Go to the top of the page
+

Reply to this topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members: