Optjening af betalt ferie under barsel: En undersøgelse af Ferielovens § 7, stk. 2

Nicolas Jul Mosgaard

Student thesis: Master thesis

Abstract

In this thesis, the implications of the imprecise formulation of the Danish Holiday Act section 7, subsection 2. More precisely, the thesis aims at exploring the right of employees to accrue paid leave, during their maternity leave. In addition to this, the thesis aims to explore whether this un-certainty can lead to further discriminatory behavior in the market, and whether maternity leave, or leave as a whole, effects an employee’s Human Capital. During the first part of the thesis EU law, Danish law, German law and Swedish law is explored, fo-cusing on the respective Holiday and Maternity Acts. Through the Danish Act, the analysis finds that there are no clear restrictions, on what type of pay gives the right to accrual of paid leave.. The analysis further finds that the current situation in Danish law is not compatible with EU law. As EU law requires anyone with a connection to the labor market to have four weeks of paid vacation each year. Danish law terminates this right when on maternity leave. Furthermore, the analysis finds that this is also the case in Germany and Sweden. EU conformity is not present. The thesis then concludes that there is no universal right to vacation under Danish law. In the second part of the thesis, the situation is analyzed from a Discrimination theory and Human Capital point of view. The thesis compares the Discrimination theory by Kenneth Arrow, and the causes of discrimination he points out, to market data on the Danish labor market. This analysis finds that there can be traced a discriminatory behavior in the average salary and employment of women. Furthermore, it concludes that this behavior can to some extent, be attributed to mater-nity leave and the uncertain accrual rules. It then concludes that Human Capital will be lost due to extended periods of absence, which maternity leave and vacation are. In the third part of the thesis, the author gives different alternatives to the current Holiday Act section 7, subsection 2. Finally the thesis concludes that the current rules are uncertain and not sustainable. Furthermore, it concludes that they hurt the chances of women entering or doing well on the labor market.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2016
Number of pages93