Case no. B 128/09, ref.no. 89/10
According to the wording in an employment agreement, holiday pay was included in the monthly salary. Hence, holiday pay was paid on a monthly basis. However, according to a mandatory provision in the Holiday Act, holiday pay is to be paid in connection with holiday. Deviation from this provision is only allowed if it is either to the advantage of the employee or agreed in a collective bargaining agreement. The Labour Court held that neither of these two conditions was met and ruled that the condition in the employment agreement was in violation of the Holiday Act. Due to the violation, the employee was entitled to general damages amounting to SEK 15,000.