Payment of unclaimed holiday pay

HR Legal | 04.11.2024

by Lisbeth Lindorff Riis

Remember that the timely payment of unclaimed holiday pay for the 2022/2023 holiday year is 15 November 2025. 

 

What Is Unclaimed Holiday Pay? 

If you have employees who have not used their 5 weeks of vacation, you as an employer are obligated to calculate the number of unused vacation days as of September 30th, following the end of the vacation period. 

The final deadline for the timely payment of unclaimed holiday pay for the vacation period from September 1, 2022, to December 31, 2023, is November 15, 2024. 

 

When is it relevant? 

If you have employees who have not used their 5 weeks of holiday, you, as an employer, are obliged to calculate the number of unused days of holiday per 30 September after the end of the holiday period. 

The deadline for timely payment of the unclaimed holiday pay for the 1 September 2022 to 31 December 2023 holiday period is 15 November 2024. 

 

To which fund? 

If your employees are covered by a collective agreement, the money must be paid to the holiday fund that appears in the collective agreement. 

If your employees are not covered by a collective agreement, you, as an employer, must pay the unclaimed holiday pay into Arbejdsmarkedets Feriefond. You must ensure that reporting and payment to Arbejdsmarkedets Feriefond is done via virk.dk in the period 1–15 November 2024. 

 

What happens if we don’t pay? 

If you don’t pay the unclaimed holiday pay to Arbejdsmarkedets Feriefond by 15 November 2024, there is default interest of 1.5% per commenced month. 

 

It is not permitted to pay holiday allowance 

As a general rule, it is against the Holiday Act to pay holiday pay to the employee without the holiday being taken. However, with the exception of the 5th holiday week and all other holidays beyond the 4 weeks. 

The 5th week of holiday is automatically paid to the employee at the latest with the salary payment in March after the end of the holiday period if the holiday has not been agreed to be carried over at the latest at the end of the holiday period. 

  

Carrying over holiday 

As a rule, the employee must take 5 weeks of holiday within the holiday period from 1 September to 31 December of the following year. However, the employee can request that all holidays in excess of 4 weeks be carried over to the next holiday period. It is a condition to carry over holiday that the employer approves to carry over the holiday and that a written agreement is entered into with the employee no later than at the end of the holiday period on 31 December. 

Don’t forget the deadline – Risk of a fine in case of violation 

Remember that there is a risk of being fined if you do not comply with the reporting and payment obligation. That is, if a written agreement has not been entered into regarding carrying over holiday/cash payment and/or unclaimed holiday pay has not been paid to the relevant holiday fund, you risk receiving a fine. 

A random check will be carried out, and the companies concerned must present documentation for carrying over holiday/cash payment and payment to the holiday fund.

 

Need help? 

If you, as an employer, need advice regarding holiday legislation or other employee/HR-related matters, you are welcome to contact us.

Contact us here

FAQ about Payment of unclaimed holiday pay

What Is Unclaimed Holiday Pay?

Unclaimed holiday pay refers to the holiday pay for unused vacation days, which the employer must calculate as of September 30th, following the end of the vacation period.

Hvornår er fristen for indbetaling af uhævede feriepenge?

The deadline for paying unclaimed holiday pay is November 15th.

Who should I pay unclaimed holiday pay to?

Employees Covered by a Collective Agreement: Pay to the relevant holiday fund. Employees Without a Collective Agreement: Pay to the Danish Labour Market Holiday Fund via virk.dk between November 1st and 15th.
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About Lisbeth Lindorff Riis

Lisbeth Lindorff Riis holds a Cand.merc.jur degree from the Aarhus School of Business and later obtained a Cand.jur degree from the University of Copenhagen. Lisbeth has over 21 years of experience in legal advising within HR, including issues related to data protection law - GDPR, employment law, and maternity leave. In Azets, Lisbeth is the Head of HR Legal.