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Guide to wage earners on unclaimed holiday pay

- Guide in accordance with the old holiday act that applied until holiday pay accrued in 2018 with holiday to be taken from 1 May 2019 – 30 April 2020.
[Link til dansk version] [Link zur deutschen Version]

 

Who am I to contact concerning unclaimed holiday pay?

If your question concerns unclaimed holiday pay from previous holiday years and you are not covered by a different holiday fund you are to contact Arbejdsmarkedets Feriefond (The Labour Market’s Holiday Fund). Read this guide and see the contact information below.

If your question concerns current holiday pay for this holiday year that you will ask to have paid out, you are to contact FerieKonto (Holiday Account). See contact information below.

If you are employed in an area that is subject to a collective agreement you may be covered by a holiday fund other than Arbejdsmarkedets Feriefond. There are approximately 140 holiday funds in Denmark. See your collective agreement or ask your employer if you are in doubt.

What rules apply to unclaimed holiday pay?

If your holiday pay was earned from 1 January to 31 December 2018 or earlier, the holiday act in force then applies. You can find it here [link to consolidated act no. 202 of 22/02/2013].

For holiday pay earned from 1 January to 30 September 2019 with holiday to be taken between 1 May 2020 and 31 August 2020, the transitional provisions in part 11 of the new holiday act apply. From 1 September 2020, the Danish Holiday Act applies. See [link to consolidated act no. 60 of 30/01/2018].

As Arbejdsmarkedets Feriefond is concerned with unclaimed holiday pay that concerns previous holiday years, this guide concerns the holiday act in force then, i.e. consolidated act of 22/02/2013.

This means that you cannot find answers in this guide to questions that concern the new holiday act.

Where is the unclaimed holiday pay?

Holiday pay earned in 2018 falls due during the period 1 May 2019 to 30 April 2020.

During the period between 1 May and 30 September, you can have certain parts of the holiday pay transferred or paid out by your employer. You can apply for that to your employer.

After this, the holiday pay is entitled unclaimed holiday pay and according to the Danish Holiday Act it accrues to Arbejdsmarkedets Feriefond or another holiday fund.

Legal framework consolidated act of 22/02/2013.

Section 36 Holiday pay that has not been claimed by the wage earner before the end of the holiday year or pay during holiday or holiday supplement that has not been paid out to the wage earner before the end of the holiday year and which is not paid out according to sections 34 a or 34 b accrues to the public funds and Arbejdsmarkedets Feriefond; see however sections 19 and 40.

Under what conditions can I have my old holiday pay paid out after 30 September?

Even though the unclaimed holiday pay that was earned during the period 1 January to 31 December 2018 or earlier has accrued to Arbejdsmarkedets Feriefond or another holiday fund you have the possibility of having the holiday pay paid out from the fund if

1: you actually took holiday and

2: you were entitled to holiday pay during the holiday taken that has not been paid out to you and

3: you did not receive any other support or performed paid work during your holiday (wage/salary, daily benefits) and

4: you can document this.

Please note that Arbejdsmarkedets Feriefond (The Labour Market’s Holiday Fund) can only pay out your holiday pay if your employer from the holiday period for which you apply can document that the holiday was taken. If you received daily benefits, your unemployment insurance fund can provide documentation. If you received transfer income, your municipality can provide documentation.

How do I apply for having old holiday pay paid out?

If the unclaimed holiday pay was paid into Arbejdsmarkedets Feriefond you can apply to have the holiday pay paid out on the above conditions.

You are to complete an application form to have old holiday pay paid out. You find it here [link]

If you need help to complete the application form correctly, you can call Arbejdsmarkedets Feriefond to obtain guidance. We will be glad to help. See telephone hours below.

How do I send the application?

You are to send the application form to Arbejdsmarkedets Feriefond via digital post.

How to do it:

1. Download the application form.

2. Read through the application form carefully and complete it correctly.

3. Save the application form on your computer. If you do not have a computer, you can borrow one at the library.

4. Go into your e-Boks.

5. Search for “Arbejdsmarkedets Feriefond”.

6. Attach your application form.

If you need help to send via digital post, you can call Arbejdsmarkedets Feriefond. We will be glad to help. See telephone hours below.

Only if you do not have NemID, can you send the application form via ”contact” from the website of Arbejdsmarkedets Feriefond www.aff.dk.

When will I get an answer?

As a main rule, Arbejdsmarkedets Feriefond will process your application within 12 weeks.

If your application includes holiday pay from the qualifying year 2018, the 12 weeks will not start running until from 16 November 2020.

This is due to the fact that the deadline for your employer’s or Feriekonto’s (Holiday Account’s) payment to Arbejdsmarkedets Feriefond or another holiday fund of unclaimed holiday pay concerning the qualifying year 2018 is 15 November 2020.

In addition, the case processing time of 12 weeks presupposes that you have completed the application form correctly. Therefore, you should read what it says carefully before you send your application to Arbejdsmarkedets Feriefond.

Legal framework consolidated act of 22/02/2013.

Section 36 (3) The employer or the person who in pursuance of section 31 administers the holiday pay must at the latest on 15 November after the end of the holiday year settle amounts covered by subsection (1) to Arbejdsmarkedets Feriefond or to another holiday fund; see subsection (2).

How will the money be paid out to me?

To the extent that there is a basis for paying out the unclaimed holiday pay, Arbejdsmarkedets Feriefond will pay out the money to your NemKonto.

If you do not have a NemKonto, Arbejdsmarkedets Feriefond can make the payment to your account in some other manner.

When are claims for unclaimed holiday pay statute-barred?

If your employer or FerieKonto (Holiday Account) has paid your unclaimed holiday pay, pay during holiday or holiday supplement to Arbejdsmarkedets Feriefond or another holiday fund, your claim will be statute-barred if you do not within three years after the end of the holiday year contact the fund.

If you are entitled to payment of unclaimed holiday pay that you earned from 1 January to 31 December 2018 your claim will be statute-barred on 30 April 2022 if you have not contacted Arbejdsmarkedets Feriefond or another holiday fund before that date.

Your contact to Arbejdsmarkedets Feriefond must be via digital post.

That means that calling Arbejdsmarkedets Feriefond is not enough. This is due to the fact that Arbejdsmarkedets Feriefond must not receive your personal data or inform you of any existing holiday pay by telephone. Therefore, Arbejdsmarkedets Feriefond cannot know with certainty either that you are the person you purport to be if you make a telephone call.

If you need help to contact Arbejdsmarkedets Feriefond via digital post, you are welcome to call us. We will be glad to help. See telephone hours below.

Only if you do not have NemID, can you make contact via ”contact” from the website of Arbejdsmarkedets Feriefond www.aff.dk.

If holiday pay, pay during holiday or holiday supplement has not been paid to Arbejdsmarkedets Feriefond or another holiday fund, the statute-barring is also three years but, in that case, you must seek to enforce the claim against the employer by means of legal proceedings etc. If you are a member of a trade union, you may contact the trade union.

Legal framework consolidated act of 22/02/2013.

Section 35 If holiday pay, pay during holiday or holiday supplement has been paid to either Arbejdsmarkedets Feriefond or to a private holiday fund (see section 36(2)) and the holiday was taken in the holiday year, the claim for holiday pay, pay during holiday or holiday supplement will be statute-barred if the wage earner does not within three years after the end of the holiday year contact the fund. If the wage earner has not taken the holiday, the head of the Agency for Retention and Recruitment [now FerieKonto (Holiday Account), editor: AFF] must be contacted within three years after the end of the holiday year.

(2) If holiday pay, pay during holiday or holiday supplement is not paid to Arbejdsmarkedets Feriefond or a private holiday fund, the claim for holiday pay, pay during holiday or holiday supplement will be statute-barred if the wage earner does not within three years after the end of the holiday year seek to enforce the claim by means of legal proceedings, industrial procedure, notification to the police, filing of a petition in bankruptcy or by contacting the head of the Agency for Retention and Recruitment in writing. If the claim is not satisfied it must be sought to enforce the claim by one of the other procedures mentioned in the first sentence without undue delay.

What if I have been prevented from taking my holiday?

If you have been prevented from taking holiday owing to illness, childbirth, lay-off periods according to a collective agreement or for some other reason you must contact FerieKonto (Holiday Account). See contact information below.

Contact information

Arbejdsmarkedets Feriefond

Telephone hours: Monday, Wednesday and Friday from 9:00 am to 11.30 am on telephone number +45 33 48 70 00.

In writing: Via digital post (e-Boks).

Only if you do not have NemID, can you make contact via ”contact” at www.aff.dk or by post to Arbejdsmarkedets Feriefond, Otto Mønsteds Gade 5, 1751 København V.

You can read how Arbejdsmarkedets Feriefond processes your personal data here [link to personal data protection policy].

FerieKonto (Holiday Account)

Telephone hours: +45 70 10 51 54.

Contact access: See www.borger.dk/arbejde-dagpenge-ferie/oversigt-ferie/feriekonto-kontakt

See your collective agreement or contact your employer.

version number 2/2020

Arbejdsmarkedets Feriefond

- Fondenes Hus - Otto Mønsteds Gade 5 - 1571 København v - Telefon 3348 7000 -  Mail: Tryk på 'kontakt' øverst på siden.
Tlf. tid: Mandag, onsdag og fredag kl. 9.00 - 11.30.