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Mid-week holiday compensation can affect earnings-related daily allowance. However, there is no unambiguous effect, because the holiday compensation and its effect is situational.
How do I mark a mid-week holiday compensation on a daily allowance application?
You do not have to assess or deduce how the holiday compensation affects your earnings-related daily allowance. All you have to do in the application is to report the holiday compensation.
Therefore, if you receive a holiday compensation or if the holiday does not reduce your pay, state “at work” in the application for the holiday and mark the number of hours worked that the holiday compensation corresponds to.
In addition, please indicate in the additional information that this has been a mid-week holiday. This will allow us to check what the correct solution is.
Mid-week holiday compensation as a separate compensation
If you are completely unemployed or have been laid off full-time, you are rarely paid a holiday compensation, in which case the holidays do not affect your earnings-related daily allowance. If, for some reason, you are paid a holiday compensation for one day, for example, we can only pay earnings-related daily allowance for a maximum of four days that week.
If you have been laid off for a shortened working week and you are paid a mid-week holiday compensation for one day, we can pay earnings-related daily allowance for a maximum of four days in that week.
If you have been laid off for a shortened working day or have income from part-time work, full-time work lasting less than two weeks or part-time business activities, you are covered by adjustment. Then we will take into account the mid-week holiday compensation in adjusting the daily allowance and it will reduce some of the earnings-related daily allowance we pay you.
A mid-week holiday does not reduce pay
In some sectors, the mid-week holiday is not a working day, but there is no deduction from the pay. In these cases, we cannot pay earnings-related daily allowance for the mid-week holiday, because the financial loss is not due to unemployment but to the mid-week holiday. In addition, such a mid-week holiday can also be counted in the number of compensation days, which according to the law can be a total of no more than five in a calendar week.
If you are completely unemployed or have been laid off full-time, the mid-week holidays are not relevant to the payment of earnings-related daily allowances.
If you have been laid off for a shortened working week and your pay is not deducted with the mid-week holiday, we will take this into account in the number of days of compensation, which may not exceed five in total per week. For example, if you work four days and there is no deduction for a mid-week holiday, we cannot pay any daily allowance that week.
If you have been laid off for a shortened working day or have income from part-time work, full-time work lasting less than two weeks or part-time business activities, you are covered by adjustment. As no separate compensation is paid for the mid-week holiday, it does not directly reduce the daily allowance. However, when no deduction is made, the salary to be taken into account in adjustment may be higher than it would be based solely on the work done. Thus, the deduction from the daily allowance may also be higher. In some situations, the maximum amount in euros for adjustment may also be met, in which case the daily allowance cannot be paid at all. In addition, it should be remembered that the total number of compensation days in a calendar week may not exceed five, so the obstacle to the payment of daily allowance may also be that the maximum number of compensation days is exceeded.
Mid-week holiday reduce pay
We can pay earnings-related daily allowance normally if a separate holiday compensation is not paid and at the same time the mid-week holiday reduces the salary paid to you. In these situations, the placement of the mid-week holiday during the period of lay-off or unemployment does not directly affect earnings-related daily allowance. If we pay you adjusted earnings-related daily allowance, it may be slightly higher if the salary is lower than usual due to the mid-week holiday.
The employer must comply with the Employment Contracts Act and the applicable collective agreement. If the employer neglects his or her obligation to pay mid-week holiday compensation or deduct from the mid-week holiday compensation without grounds, it does not give us the opportunity to ignore the matter in the payment of earnings-related daily allowances. Fortunately, such situations are rare.
