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WORKING IN DENMARK

What are the rules for taking holiday in Denmark when unemployed?

If you become unemployed in Denmark you may be eligible for unemployment benefits. Are you permitted to go on holiday (vacation) while between jobs?

What are the rules for taking holiday in Denmark when unemployed?
You may have the right to take holiday during a period of unemployment in Denmark. Photo by everett mcintire on Unsplash

To answer this question, it’s important to first distinguish between the two main types of unemployment benefit in Denmark, dagpenge and kontanthjælp. 

Dagpenge or ‘unemployment insurance’ comes from voluntary membership of a private association known as an A-kasse, short for arbejdsløshedskasse, and doesn’t automatically apply if you lose your job. You have to fulfil some requirements first in order to be eligible.

However, if you are an A-kasse member and fulfil the eligibility criteria, you may be eligible for unemployment benefits comprising up to 90 percent of your previous salary.

If you are not an A-kasse member and become unemployed, your income will rely on the much more basic state benefit kontanthjælp, a term which can be translated to ‘social assistance’.

READ ALSO: Who is eligible for Danish unemployment benefits?

Dagpenge

When on dagpenge, you are permitted to take holiday – essentially, holiday from the job searching obligations you must fulfil while receiving dagpenge, which include sending a set number of job applications each week and being available to take a job at short notice.

You do not receive dagpenge payments for the period in which you are on holiday. Instead, you must use holiday you have accrued, either with your last employer or as “holiday dagpenge” or feriedagpenge.

In order to do this, you must inform the local job centre to which you are attached (via the jobnet.dk portal), as well as your a-kasse, that you intend to take holiday.

The job centre must be informed no later than 14 days before the holiday begins, and the A-kasse before the first day of the holiday.

You may still have some holiday or feriepenge accrued from your previous job, in which case this will form the income for your holiday.

READ ALSO: Feriepenge: Denmark’s vacation pay rules explained

In other cases, you may have accrued holiday during the period in which you have been between jobs and in receipt of dagpenge, or, if you are on parental leave, barselsdagpenge,  the allowance paid out by municipalities to persons on statutory parental leave.

In these latter two cases, you can apply for feriedagpenge, which is paid out as a form of salary – instead of regular dagpenge – for the period in which you are on holiday.

This is done by applying via your a-kasse. This should be done at least five weeks before you go on holiday. Generally, there should be an application link on the a-kasse’s website, which you can use once you have logged into the portal using your MitID digital ID.

To qualify for feriedagpenge, you need to fulfil several criteria. You accrue 2.08 days of holiday foreach month you have received dagpenge. You may not use the holiday to cover sickness or for any period in which you earned a wage. You must be an a-kasse member.

You should also keep in mind that if you don’t use the holiday you have accrued, it can lapse. For example, the accrual period for holiday in 2023 was September 1st 2022-August 31st 2023. This holiday was valid until the end of 2023.

The amount you receive is calculated at the same rate as the regular dagpenge.

Sources: Krifa, Aka, FOA

Kontanthjælp

If you are not an A-kasse member and receive the basic kontanthjælp benefit, you should contact your local job centre.

Persons who receive the lower hjemrejseydelse or integrationsydelse, which is given instead of kontanthjælp to migrants who are in the integration system, are not permitted to take holiday.

READ ALSO: Denmark to allow people on unemployment benefits to spent a night abroad

Persons who receive kontanthjælp can take up to four weeks of holiday after 12 months of being on the benefit, but no more than two weeks at a time.

The holiday must be taken within the given accrual year and can be taken as single days or weeks, as well as in two-week blocks. It must be agreed with the job centre at least two weeks before the holiday begins.

The job centre will review the application and decide whether to approve it, taking into account factors like planned family holiday, job activation and planned training courses.

You are permitted to take the holiday outside of Denmark but if you get sick, it cannot be rescheduled.

If you have accrued holiday from a past employment, this must be used before you receive social assistance during a holiday. You do not keep holiday which you have the right to from a period on kontanthjælp if you later get a job – in other words, you will have to accrue holiday through your job before you take time off once back at work.

Source: Aarhus Municipality

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WORKING IN DENMARK

How will Denmark’s new rules on recording working hours affect you?

From July this year, all people working in Denmark will have to document any deviations from their agreed working hours. Here's how it's going to work.

How will Denmark's new rules on recording working hours affect you?

On January 23rd, Denmark’s parliament voted through a law that, among other things, requires all Danish employers to introduce a working hours registration system that makes it possible to measure the daily working hours of each individual employee. 

The requirement, which comes into force on July 1st, implements a 2019 judgement of the EU Court, which stated that all member states needed to bring in laws requiring employers to record how many hours per week each employee is working.

The bill is built on an agreement reached on June 30th last year between the Confederation of Danish Employers, the Danish Trade Union Confederation, and Denmark’s white collar union, the Danish Confederation of Professional Associations. 

Will everyone working in Denmark now need to keep a detailed record of the hours they put in each day? 

No. Workers will only need to register any deviations from the working hours they have already agreed or been scheduled. So long as they stick to their scheduled hours, they never need to open the app, website, or other time registration system their organisation has set up. 

If they have to come in early for an interview, however, or do a bit of preparation for a meeting the next day in the evening, they will be expected to log those extra hours. 

Similarly, if they pop out for a dentist’s appointment, or to get a haircut, those reductions in working hours should all be noted down. 

What do employers need to do? 

All employers need to set up and maintain a detailed record of the actual hours worked by their employees, but the law gives them a lot of flexibility over how to do this, insisting only that the record be “objective, reliable and accessible”. 

They could do it in the old-fashioned way using a shared Excel spreadsheet, or, as most probably will, use an app such as Timetastic from the UK, ConnectTeam from the US, or Denmark’s zTime or Timelog.

To make it easier for their employees, employers can fill their scheduled hours into the time registration system in advance, so that workers only need to make a log of any deviations.  

Under the law, employers are required to keep these records for five years.

Employees empowered to set their own schedule — so called self-organisers — are exempt from the law, but as the law states that such people should be able to reorganise their own working time “in its entirety” and that this power should be enshrined in their contracts, this is only expected to apply to the most senior tier of executives. 

Who will be able to see my working hours? 

Each employee should only have access to their own data, which is covered by the General Data Protection Regulation (GDPR), and should not be able to see a detailed record of hours worked by their colleagues. 

Managers, however, will have access to the working hours records made by their subordinates. 

Will the legislation put limits on how many hours I can work? 

Yes, but in theory those hours already are limited for almost all employees by collective bargaining agreements. 

The new rule is intended to make sure that employees do not work more than 48 hours per week on average over a period of four months, the minimum standard under EU law, known as the 48-hour rule.

People in certain professions can, however, work longer than the 48-hours if they are covered by a so-called “opt-out”. 

Won’t it just be an additional hassle? 

The Danish Business Authority, the government agency which is supposed to support businesses in Denmark, estimates that keeping the time registration system up to date will only take between one to three minutes of employees’ time. 

In addition, it estimates that as much as 80 percent of employees in the country already keep a record of their time. 

Henrik Baagøe Fredelykke, a union official at Lego, said in an article on the website of the HK union, that he believed that the records could serve as an “eye-opener” about unrecorded overtime. 

What was crucial, he said, was that the system was used primarily to ensure that there was no systemic deviation from working hours and not to police employees. 

“It must not be used for monitoring by the management, who can come and say ‘whoa, why didn’t you work 7.4 hours yesterday?’,” Fredelykke said.

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