If a company is going to be in time for giving notice of Christmas closure, the time is near.

Notice of Christmas closure follows the rules on remaining holiday. A company may order an employee to take remaining holiday by giving at least one month’s notice. Notice of holiday on 27 and 28 December 2012 must therefore be given no later than 27 November 2012.

The Holiday Act provides specific rules concerning closure between Christmas and New Year. If a company is closed between Christmas and New Year, and the employee has earned more than 15 holidays, it is the responsibility of the employer to "reserve" the number of holidays equivalent to the days that the company is closed for Christmas.

If the employee has earned more than 15 holidays, and the employer has forgotten to reserve a number of days for Christmas, the employer may generally not deduct these days in the salary.

If the employee has not earned 15 holidays with the employer, the provision does not apply, and the days may be deducted in the employee's salary in accordance with the general rules on collective holiday closure.

The content of this Newsletter is not, and should not replace, legal advice.

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Marianne Lage

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