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Do I need to use holidays when I am not available for work on "tilkalling"?

Jente, 19

I have a tilkalling contract in the months from January to and including April. May I have 50% contract and the summer months I have a 100% contract (June-September). I am taking a vacation in April for the entire month and have notified my boss. He wants me to place vacation days for this. I do not believe I have to do so since I am Tilkalling and am not required to be present. I am planning on taking my 25 days of unpaid vacation at a later time in the year. Is he allowed to do this ?

Svar

Hi!

Thanks for contacting us!

Working on "tilkalling" and holiday
Working on "tilkalling" (having a 0 hours contract), implies that the employer does not have any duty to offer the employee shifts. The employee on the other hand, does not have a duty to accept shifts the employer offers her. The employee is only obliged to work the hours she has accepted.

Whenever a "tilkallingvikar" accepts a shift the employer offers her, she enters an employment. An example:

Dora is "tilkallingsvikar". Her employer calls her and ask if she can work a shift of 5 hours today. Dora accepts the shift. They now enter an ultrashort employment with a duration of 5 hours. After this shift Dora is not employed in the company anymore, until she accepts a new shift and enters a new ultrashort employment.

Holiday gives an employee legal absence from the duty to work. An "tilkallingsvikar" does not need a legal absence from 0 hours work. He/she can just say "No, thanks" to shifts the employer offers her in a period she is not available.

Parttime job/fulltime jobb and holiday

You write that you will have a parttime job in May and a 100 % position during summer.

Every employee is entitled to at least 4 weeks and 1 day holiday each year. According to the Holiday Act section 7 (1) you may demand a 3 weeks holiday between June 1st and September 30th. You employer decides during which month you can have this 3 weeks holiday. Here you find the same law in Norwegian: ferieloven § 7 (1).

The remaining holidays (1 week and 1 day) you may demand to have together somewhere during 2024. The employer decides when.


Here you can read more about holidays.

Frida from the contact centre of Arbeidstilsynet in cooperation with ung.no

Besvart: 23.2.2024

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