Time barring of holiday allowance in the event of bankruptcy

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If your employer has not paid your holiday allowance, you must demand that they be paid within a specific time limit.

Holiday allowance accrued in:

  • 2012 to spend in the holiday year 1 May 2013 to 30 April 2014 will be time-barred if you have not made a demand for payment by 30 April 2017 at the latest and commenced debt recovery proceedings
  • 2011 to spend in the holiday year 1 May 2012 to 30 April 2013 will be time-barred if you have not made a demand for payment by 30 April 2016 at the latest and commenced debt recovery proceedings
  • 2010 to spend in the holiday year 1 May 2011 to 30 April 2012 will be time-barred if you have not made a demand for payment by 30 April 2015 at the latest and commenced debt recovery proceedings
  • 2009 to spend in the holiday year 1 May 2010 to 30 April 2011 will be time-barred if you have not made a demand for payment by 30 April 2014 at the latest and commenced debt recovery proceedings.

Debt recovery means that you must contact your employer yourself to recover the money owed to you.

You must contact your employer in writing. Remember to keep a copy of your letters.

Get help from your trade union, lawyer or free legal aid

  • You can contact your trade union if you need help.
  • You can also contact the legal aid office in your municipality.
  • Finally, you can contact a lawyer who can also help you with your case.

The Danish Agency for Labour Market and Recruitment

You can contact the Danish Agency for Labour Market and Recruitment if you and your employer disagree on:

  • accrual of holiday
  • taking of holiday
  • holiday entitlements
  • paid holiday
  • holiday supplements.

The Agency for Labour Market and Recruitment can settle the dispute between you and your employer. Please send an account of the dispute and your documentation to the Danish Agency for Labour Market and Recruitment:

If your employer still does not pay after you have contacted the Danish Agency for Labour Market and Recruitment, you must bring your claim before the courts:

The above follows from the provisions of Section 35 of the Danish Holiday Act.

The Employees' Guarantee Fund (LG) ensures that employees receive wages etc. when their employer is declared bankrupt or ceases operations. LG can also help the employer to pay wages to employees working for the company, while it is subject to financial reconstruction. 

If you do not agree with LG's decision

The legislation to which LG is subject falls within the Danish Ministry of Employment, but you cannot complain about the decision to the Ministry. If you do not agree with LG's decision, you are welcome to contact us and possibly send further documentation supporting your claim. LG will review your case and send you a new decision. 

If you still do not believe that our decision is correct, you will have to initiate legal proceedings against LG at the courts. LG has no appeals board, and therefore the case can only continue at the courts. In this case, you must contact the court in Hillerød. 

Contact the customer ambassador

If you are dissatisfied with the service you received from LG, you can contact ATP's customer ambassador: