Your holiday if you have been dismissed and released from your duty to work

If you are dismissed and released from your duty to work, you can expect that your holiday must be held in that period. This is considered as a matter of course, and your employer does not have to notify you specifically.

All previous agreements between you and your employer about the agreed apon time of taking your holiday cease to exist in connection with a dismissal. In order for your employer to consider your holiday taken, both the holiday notice period and the holiday must fit into in the dismissal notice period. If that is not possible, your holiday pay must be paid or transferred to FerieKonto (holiday account).

If you still want to take a holiday that you have agreed with your employer before the dismissal, that is of course something that you and your employer may decide jointly if you both agree.
It means:
  • If you are planning to take your main three-week holiday in the period from of May 1 to  September 30 in your notice period, you must be informed no later than three months before. It requires both that your notice period exceeds three months, and that the holiday can then be taken within the period May 1 to September 30 - and before the notice period expires.
  • If you are planning to take remaining holiday, you must be informed no later than one month in advance. This requires that your notice period exceeds one month, and that the holiday can then be taken before the notice period expires.
If you get a new job before the expiry of the notice period so that you are prohibited in taking the holiday, it is possible that your holiday pay can be paid out in certain circumstances. This depends on the actual circumstances, so in this event you should contact your local HK branch to get advice and guidance.


Holiday pay if you are taking holiday after the notice period

If you have been dismissed and are planning to take holiday after your notice period, your employer must pay out your holiday pay on the following conditions:

The holiday must start no later than on the 15th day of the second month after the resignation. If, for example, you resign on October 31, your holiday must start no later than December 15.

It must not "be a significant inconvenience" to your employer. That means that you must provide notification well in advance so that your employer can arrange for the payment to be paid with your last salary without too much inconvenience.