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Days counted as annual holiday and consulting the employee
According to the Annual Holidays Act, weekdays are counted as annual holiday, with the exception of Sundays, church holidays, Independence Day, Christmas Eve, Midsummer Eve, Easter Saturday and May Day. According to the Annual Holidays Act, Saturdays are considered weekdays and counted as days of holiday. However, collective agreements may have agreed that Saturdays do not count as holiday days. The holiday does not have to include a certain number of Saturdays. Instead, the timing of the annual holiday determines how many Saturdays fall on the holiday.
Employees or their representatives must be informed of the workplace’s principles on the granting of annual holiday. The employer is required to reserve the employee the opportunity to give their opinion on the timing of the holiday. As far as possible, the employer must take into account the opinions of employees and observe fairness in the granting of holidays. If no agreement can be reached on the timing of the holiday, the employer has the right to decide when the holiday will be taken. The employee must be notified of the timing of the holiday no later than one month before the start of the holiday. However, if this is not possible, the employee must be notified at least two weeks before the start of the holiday.
When the employer unilaterally decides on the timing of the holiday
Annual holiday is granted to the employee at a time determined by the employer, unless the employer and the employee agree on taking the holiday as described below. A total of 24 workdays of annual holiday must be taken during the holiday period (summer holiday). The remainder of the holiday (winter holiday) must be granted by the start of the next holiday period at the latest. Summer and winter holidays must be granted as a consecutive period of holiday, unless it is necessary for the employer to divide the part of the summer holiday exceeding 12 working days into one or several parts.
When the employer decides the timing of the holiday, four weeks (24 working days) of the annual holiday, in other words the summer holiday, must be taken during the holiday season from May to September. The remaining winter holiday of about one week must be taken by the start of the next holiday season at the latest, between 1 October and 30 April.
When the timing of annual holiday is agreed mutually
The employer and employee may jointly agree that the employee takes a part of the holiday exceeding 12 workdays in one or more parts. In other words, the employee must have a continuous holiday of at least 12 workdays (Monday to Saturday). The employer and employee may agree that the annual holiday is taken during a period starting from the beginning of the calendar year of the holiday period from May to September. In addition, the parties may agree to take any holiday exceeding 12 working days no later than one year after the end of the holiday period.
At the employee’s initiative, it may be agreed that part of the annual holiday exceeding 24 workdays is taken as shortened working hours, but this must be agreed in writing by the parties.
Can the employer order me to take annual holiday?
According to the Annual Holidays Act, the employer may decide the timing of annual holiday. However, the employer must give employees the opportunity to express their opinion on the timing of the holiday, and employees’ opinions must be taken into account as far as possible. The placement of annual holiday must respect the principle of fairness between employees.
If the employer decides when the holiday is taken, employee must be notified of the timing of the holiday no later than one month before the start of the holiday. If this is not possible, the timing of the holiday may be announced later, but no later than two weeks before the start of the holiday. In addition, the employer must comply with the dates of granting annual holiday as follows. The summer holiday portion (24 days) must be taken during the summer holiday period (2 May–30 September) and the winter holiday portion (6 days) during the winter holiday period (1 October–30 April).
