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Leave and overtime, what applies?

Sets the days in the Annual Leave Act and the ceilings in the Working Hours Act against the floor in the Working Time Directive, and shows what a collective agreement may change.

Step 1 of 3

  1. 1.What is the form of employment?

    Semesterlagen SFS 1977:480 · Arbetstidsdirektivet CELEX 32003L0088 · Arbetstidslagen SFS 1982:673 · Read 2026-08-20

    Swedish Work Environment Authority: The Work Environment Authority supervises the Working Hours Act and may issue an injunction where daily rest or overtime ceilings are not kept. source

  2. 2.Does a collective agreement apply?

    Semesterlagen SFS 1977:480 · Arbetstidsdirektivet CELEX 32003L0088 · Arbetstidslagen SFS 1982:673 · Read 2026-08-20

    The Swedish Parliament: The Working Hours Act may in part be set aside by collective agreement, but the derogation may not fall below the directive's minimum protection. source

  3. 3.What is the question about?

    Semesterlagen SFS 1977:480 · Arbetstidsdirektivet CELEX 32003L0088 · Arbetstidslagen SFS 1982:673 · Read 2026-08-20

    U.S. Department of Labor: The Wage and Hour Division applies the overtime rule in the Fair Labor Standards Act: overtime pay above forty hours a week for non-exempt employees. source

The answer is computed once every step is answered.

Judgments in practice

C-684/16 Max-Planck

Court of Justice of the European Union · 2018-11-06

A worker had not taken accrued paid annual leave when the employment ended.

The court held the right does not lapse automatically where the employer did not make the leave possible to take.

The leave entitlement must be provable, and the employer bears the burden of showing it was offered.

https://curia.europa.eu/juris/liste.jsf?num=C-684/16

C-55/18 CCOO

Court of Justice of the European Union · 2019-05-14

Working time was not recorded, so overtime could not be counted afterwards.

The court required a system making daily working time measurable.

Without time recording there is no basis for either leave calculation or overtime pay.

https://curia.europa.eu/juris/liste.jsf?num=C-55/18

All tools

The rows reproduce what the source says. They are not legal advice, and applying them to a specific case is the reader's or their counsel's decision.

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